Bloomberg Law
March 15, 2017, 1:38 PM UTC

Missing Comma Gives New Wheels to Maine Drivers’ OT Claims

Jay-Anne B. Casuga

• Ruling is one of few interpreting Maine’s wage-and-hour law • Statutory ambiguity resolved in workers’ favor

Maine dairy delivery drivers—and serial comma proponents—scored a win when a federal appeals court ruled that ambiguity in a state wage-and-hour exemption revives their overtime claims (O’Connor v. Oakhurst Dairy, 1st Cir., No. 16-1901, 3/13/17).

The decision is a “major ruling” in Maine, where there’s not much case law for the state overtime statute, attorney David G. Webbert of Johnson, Webbert & Young in Augusta, Maine, told Bloomberg BNA March 14.

Webbert is one of four lawyers representing about 75 dairy delivery drivers ...

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