A First Circuit decision interpreting Maine’s overtime law, 26 M.S.A. § 664, issued last week, has been much in the news, given the prominence in the opinion of grammatical rules, in particular, regarding commas. O’Connor v. Oakhurst Dairy, No. 16-1901. See e.g., Lack of Oxford Comma Could Cost Maine Company Millions in Overtime Dispute, N.Y. Times, March 16, 2017. Once again, we have a slightly different take.
To set the stage: The plaintiffs were delivery drivers, represented by David Webbert and Johnson, Webbert and Young. The employer was represented by David Schenberg, the co-chair of the Appellate practice group at Ogletree, Deakins. The panel consisted of Judge Barron, who wrote the decision, joined by Judges Lipez and Lynch.
The relevant statutory text was an exemption to the overtime law that says it does not apply to:
The canning, processing, preserving, freezing, drying, marketing, storing,