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Maine Dairy Company Settles Lawsuit Over Oxford Comma (bostonmagazine.com)
Daniel Victor reports via The New York Times: Ending a case that electrified punctuation pedants, grammar goons and comma connoisseurs, Oakhurst Dairy settled an overtime dispute with its drivers that hinged entirely on the lack of an Oxford comma in state law. The dairy company in Portland, Me., agreed to pay $5 million to the drivers (Warning: source may be paywalled; alternative source), according to court documents filed on Thursday. The relatively small-scale dispute gained international notoriety last year when the United States Court of Appeals for the First Circuit ruled that the missing comma created enough uncertainty to side with the drivers, granting those who love the Oxford comma a chance to run a victory lap across the internet. But the resolution means there will be no ruling from the land's highest courts on whether the Oxford comma -- the often-skipped second comma in a series like "A, B, and C" -- is an unnecessary nuisance or a sacred defender of clarity, as its fans and detractors endlessly debate.
The case began in 2014, when three truck drivers sued the dairy for what they said was four years' worth of overtime pay they had been denied. Maine law requires time-and-a-half pay for each hour worked after 40 hours, but it carved out exemptions for: The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of: agricultural produce; meat and fish products; and perishable foods. What followed the last comma in the first sentence was the crux of the matter: "packing for shipment or distribution of." The court ruled that it was not clear whether the law exempted the distribution of the three categories that followed, or if it exempted packing for the shipment or distribution of them. Had there been a comma after "shipment," the meaning would have been clear.
The case began in 2014, when three truck drivers sued the dairy for what they said was four years' worth of overtime pay they had been denied. Maine law requires time-and-a-half pay for each hour worked after 40 hours, but it carved out exemptions for: The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of: agricultural produce; meat and fish products; and perishable foods. What followed the last comma in the first sentence was the crux of the matter: "packing for shipment or distribution of." The court ruled that it was not clear whether the law exempted the distribution of the three categories that followed, or if it exempted packing for the shipment or distribution of them. Had there been a comma after "shipment," the meaning would have been clear.
Ending a case that electrified punctuation pedants, grammar goons and comma connoisseurs,
You're just trolling us now, right?
"Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
German writers of English also think, that commas belong in places they actually don't.
Ezekiel 23:20
For those who could use a reminder, here's a quick description of the Oxford comma debate, with a couple examples.
In a sentence with a list, you can use a comma before the last item or not:
The flag is red, white and blue.
The flag is red, white, and blue.
Some people say it reads better without the "extra" comma. They also point out that not having the comma can sometimes lead to ambiguity, because it looks like an appositive:
The highlights of his global tour include encounters with Nelson Mandela, an 800-year-old demigod and a dildo collector.
Nelson Mandela is a demigod and dildo collector?! Adding a comma clarifies that "dildo collector" is a separate item:
The highlights of his global tour include encounters with Nelson Mandela, an 800-year-old demigod, and a dildo collector.
On the other hand, using the comma can create ambiguity:
To my mother, Ayn Rand, and God.
Your mother is Ayn Rand? Better without the comma:
To my mother, Ayn Rand and God.
Some sentences are indeed more clear without the comma, some are more clear with the comma. Should you use it? Not when it makes the sentence unclear, I say. When adding the comma makes it sound like your mom is Ayn Rand, don't add the comma. When leaving the comma out makes Mandela a dildo collector, don't leave it out. Write for clarity, using the comma where it's needed, I say.
The party included the strippers, Bill Clinton and Al Franken.
The party included the strippers, Bill Clinton, and Al Franken.
The first form sounds like Bill and Al are the strippers. The Oxford comma makes this sentence more clear. Use the second form to indicate they party with strippers in this case.
The party included the serial sexual harassers, Bill Clinton, and Al Franken.
Never an Oxford comma when it IS supposed to be an appositive.
As far as I'm concerned, a list of three entries or more should work as a list without words like or or and, especially when list-entries might comprise disparate items that are not normally associated but may have a few things that are more commonly grouped together. A list like, "automobiles, quasars, dogs and cats," is ambiguous because even though dogs and cats are not the exact same thing, they're a lot closer than either of the other entries and are often referenced together in other contexts.
Then we have the popular example of, "the strippers, JFK and Stalin," versus, "the strippers, JFK, and Stalin," where natural sentence flow for a short list makes it sound like we've named a set and then described the two elements in that set, versus describing three elements.
Do not look into laser with remaining eye.
There is also the fact that the Maine Legislature explicitly tells people to leave out the Oxford comma. Part III, Chapter 4, Section 2, part A: "Although authorities on punctuation may differ, when drafting Maine law or rules, don't use a comma between the penultimate and the last item of a series. Do not write: 'Trailers, semitrailers, and pole trailers' Do write: 'Trailers, semitrailers and pole trailers'".
That is followed with a warning to be careful "if an item in the series is modified" (as is the case here). That warning is in the previous (2009) version of the manual, and so predates this dispute, but I am not sure whether it predates the overtime law in question. Both grammar and the law indicate that the court got this wrong.
It's true, I've worked with a few and they write comments in code like:
# Check, that the File is open
Having said that it isn't just them. plenty of native speakers write "That man, is the captain" and such crap.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
The English language is much clearer in that respect. Long live the Oxford comma!
No it isn't. The Oxford comma adds just as much ambiguity as it removes so it is a stupid invention. For example:
I emailed the instructor, Fred, and the dean
If you use the Oxford comma then it is ambiguous whether Fred is the instructor and I emailed two people or whether Fred is not the instructor and I emailed three people. If you do not use the Oxford comma it is clear that Fred is the instructor and I emailed two people. Adding something which creates as much ambiguity as it solves is daft which is probably why as a schoolkid in the UK I was consistently taught that you do not use the Oxford comma.
His post reads as if he is under the impression that an oxford comma is an implicit comma before the conjunction at the end of the list, whereas in reality it is an explicit comma.
Not long, he got, William Shatner, to help, him,
You are not alone. This is not normal. None of this is normal.
Yes, but not for the reason you give - you seem confused as to exactly what the "Oxford comma" is.
Words have purpose and meaning. "Packing for (shipment or distribution)" is redundant - distribution includes shipping, so including "shipment" adds nothing to the clause. And if that were the intended meaning, they could have stopped at "packing for distribution."
"Packing for shipment, or distribution" instead of being redundant, gives definite purpose to both words, and is therefore the more logical interpretation.
"National Security is the chief cause of national insecurity." - Celine's First Law
Three. From a taxonomy perspective, mouse and rat are the same thing.
Do not look into laser with remaining eye.
...is why there are a bunch of exceptions in the first place -- people doing similar labor in a different industry would get overtime regardless.