An overtime case that will delight language nerds everywhere

Phil E


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Never let it be said that punctuation doesn’t matter.

In Maine, the much-disputed Oxford comma has helped a group of dairy drivers in a dispute with a company about overtime pay.

Full Story Here.
 

Dickie E


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perhaps one of our language nerds can help me understand what this means:

And because, under Maine law, ambiguities in the state's wage and hour laws must be construed liberally in order to accomplish their remedial purpose
 
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L'irlandais

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As I understand it Dickie, it means ; the Americans have never really come to grips with the English language. However, I may be wrong about that.
 

SimonSmith


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perhaps one of our language nerds can help me understand what this means:

Yes.

It means that under Maine law, if there is ambiguity in contract language, interpretation must construed as flexibly as possible in favor of the non draftees of the contract.
 

Dickie E


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Yes.

It means that under Maine law, if there is ambiguity in contract language, interpretation must construed as flexibly as possible in favor of the non draftees of the contract.

but the text under discussion was part of a law. I wonder why the employer is not equally a non draftee?
 

SimonSmith


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Badly drafted law, and the same premise applies.

Employers have the right to deviate from the Maine W&H statutes as long as they do in terms more favorable to the employee; the statute is a base line.
Employees have no options here, so if the law is drafted ambiguously or badly, the courts will interpret it in terms more favorable to the employees.
 
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