Maine's law says the following activities do not qualify for overtime pay: "The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of: (1) Agricultural produce; (2) Meat and fish products; and (3) Perishable foods."The court, while not agreeing, found that the provision was ambiguous and, therefore, the drivers win.
The drivers said the lack of a comma between "shipment" and "or distribution" meant the legislation applied only to the single activity of "packing", rather than to "packing" and "distribution" as two separate activities.
And because drivers distribute the goods, but do not pack them, they argued they were therefore eligible for overtime pay - backdated over several years.
Not Playing Around With The Playful Signs
34 minutes ago
4 comments:
I prefer the Oxford comma, mostly for the clarity.
I also still use "it's" to indicate the possessive, although I understand that rule has changed. Not my fault.
As a former delivery driver who worked really long hours for no overtime for years (they paid us by the day) I salute these drivers for winning. I'm still of the opinion that driving a 19,000 pound vehicle through city traffic is worth more than minimum wage...
-Doug in Oakland
It's not ambiguous using symbolic logic.
"Packaging" is "packing for shipment."
Ones and zeros, boiled down.
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