Did you know that a single punctuation mark can make or break a legal case? A recent employment law showdown between dairy truck drivers and Oakhurst Dairy of Maine proved to employees, employers, and attorneys across the country that just one character can mean millions of potential settlements. The entire case revolved around one small punctuation mark: an Oxford comma.

What is an Oxford Comma?

This workers’ compensation lawsuit stemmed around the Oxford comma, which follows the second-to-last word in a list. Here’s an example of how you’d use the Oxford comma:

I’d like ham, cheese, mushrooms, and onions on my omelet.

The comma after the word “mushrooms” is an Oxford comma. Many people disagree on whether or not it’s acceptable to use an Oxford comma—some say that using the Oxford comma is completely unnecessary, while others argue that a sentence could be misleading without one. Publishers can’t even seem to agree. The Associated Press is against the Oxford comma, while the Chicago Manual of Style is pro Oxford comma. It’s the latter argument that led to a windfall settlement for Maine dairy employees.

How a Comma Led to Millions in Payments for Lost Wages

Oakhurst Dairy of Maine found itself caught up in a nasty workers’ compensation lawsuit for missing overtime wages due to the use (or lack there of in this situation) of the Oxford comma. Employees argued that they were entitled to additional benefits from working overtime for years, but Oakhurst claimed that the tasks its employees were performing were exempt from workers’ comp. Oakhurst said in its employee handbook that no overtime wages would be applicable for:

The canning, processing, freezing, drying, marketing, storing, packing for shipment or distribution of:

• Agricultural produce;
• Meat and fish products; and
• Perishable foods

So where does the workers’ compensation lawsuit come into play? Drivers argued that the law could be read as “packing for shipment, or packing for distribution,” not as “packing for shipment, or distributing (any form of distribution)” as Oakhurst intended. Three employees argued that only packing materials for distribution, not the actual act of distribution was exempt from overtime pay, meaning they’d be entitled to up to four years of owed payments! A court agreed that the wording of the policy was ambiguous, and ruled in favor of the employees.

What’s the worst part of the deal for Oakhurst? Maine state policy is to not use the Oxford comma in legal documents.

Get Workers’ Compensation Cases Today!

Even the slightest punctuation mark can make or break a great case. Are you looking for more workers’ compensation clients?

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