JS Tip 519: The Oxford Comma and Five Million Dollars

Notice the difference between these two sentences:  

Overtime rules do not apply to the canning, processing, packing for shipment or distribution of agricultural produce. 

Overtime rules do not apply to the canning, processing, packing for shipment, or distribution of agricultural produce. 

There’s no comma between “shipment” and “or” in the first sentence. 

Maine’s overtime laws include the first sentence—the one without the comma. 

Truck drivers at Maine’s Oakhurst Dairy argued they didn’t pack produce for shipment or distribution, so they should be paid overtime. 

The dairy argued they distributed produce, so they shouldn’t be paid overtime. 

Aarrgghhh.

The truck drivers sued. 

In 2017, the First Circuit Court of Appeals ruled that the lack of the comma meant the rule applied only to those who canned, processed, or packed. It didn’t apply to those who distributed. 

The dairy agreed to pay five million dollars in back pay. 

Wow.

The Workshop Discussion

In the writing workshops, we give the comma-before-the-connecting-word a name: “The Oxford Comma” or “The Harvard Comma.”

We suggest you use it. We suggest you always use it. It clarifies your intent.  

The Source 

“The Lack of Oxford Comma Could Cost Maine Company Millions in Overtime Dispute,” from The New York Times, March 16th, 2017.