Five truck drivers have won an appeal of a multimillion dollar lawsuit against their former employer, due to the lack of a comma in the state employment laws.
The case was brought against Maine-based Oakhurst Dairy by a group of former milk truck drivers who believed they were owed millions in backpay based on the language in the law.
They initially sued the company three years ago, seeking $10 million in backpay for overtime hours, but lost in court. They decided to appeal, and on Monday, had a surprising victory in court, the Bangor Daily News reported.
Their claim was based on a section of the employment laws, which listed several tasks that did not qualify for overtime pay.
The law lists the following exempt activities:
“canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution”
The conflict arises with the phrase “packing for shipment or distribution.”
The statement implies that “packing for distribution” is exempt from overtime pay.
“Distribution” itself is not listed as a separate item however, making the company liable for overtime pay for distribution.
Because the drivers were involved in the “distribution” and not the “packing for distribution,” the judge ruled in their favor at the appeal.
The drivers were seeking approximately $10 million in overtime pay in the case. Although the judge ruled in the drivers’ favor, Oakhurst Dairy is expected to appeal the decision, continuing the lengthy legal dispute.
Correction: The title of this article incorrectly stated that there was a grammar error with the employee’s contracts. The questionable grammar is actually located in the state employment laws. The story has been fixed.