“For want of a comma, we have this case. . .” writes First Circuit Court of Appeals Judge David Barron in a March 13, 2017 opinion over unpaid overtime lawsuit between a dairy company and its delivery drivers. The 29-page opinion ruled in favor of the delivery drivers because of the absence of an Oxford comma (the final comma in a list of things) in Maine’s “wage and hour law” statutory exemptions created an ambiguity as to whether the States overtime law applied to the drivers.
The truck drivers argued that the lack of a comma in the clause "packing for shipment and distribution" meant that the phrase defined a single activity, and that their truck driving, while a form of distribution, was not included in the exclusionary language of "packing for shipment and distribution." Relying on well-established contractual and statutory interpretation principles, the Court interpreted the ambiguous language against the drafter, the dairy company, and agreed with the truck drivers.
 Kevin O’ Connor, et al., v. Oakhurst Dairy, et al., No. 16-1901 (1st Cir. 2017).
 The relevant exclusion stated:
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.
26 M.R.S.A § 664(3)(F).