How Much Does a Missing Comma Cost? For One Dairy in Maine, $5 Million

iStock
iStock

Copy editors aren’t the only ones who should respect the value of the Oxford comma. Since 2014, a dairy company in Portland, Maine has been embroiled in a lawsuit whose success or failure hinged on the lack of an Oxford comma in state law. The suit is finally over, as The New York Times reports, and die-hard Oxford comma-lovers won (as did the delivery drivers who brought the suit).

The drivers’ class action lawsuit claimed that Oakhurst Dairy owed them years in back pay for overtime that the company argues they did not qualify for under state law. The law reads that employees in the following fields do not qualify for the time-and-a-half overtime pay that other workers are eligible for if they work more than 40 hours a week:

The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of:

(1) Agricultural produce;

(2) Meat and fish product; and

(3) Perishable foods

Notice that it says the “packing for shipment or distribution” and not “packing for shipment, or distribution of.” This raised a legal question: Should dairy distributors get overtime if they didn’t pack and distribute the product?

The case eventually made its way to the United States Court of Appeals for the First Circuit, which ruled that the lack of comma made the law ambiguous enough to qualify the drivers for their overtime pay, overturning the lower court’s verdict that the state legislature clearly intended for distribution to be part of the exemption list on its own.

In early February, the company agreed to pay $5 million to the drivers, ending the lawsuit—and, sadly, preventing us from ever hearing the Supreme Court’s opinions on the Oxford comma.

Future delivery drivers for the dairy won’t be so lucky. Since the comma kerfuffle began, the Maine legislature has rewritten the statute. Instead of embracing the Oxford comma, though—as we at Mental Floss would recommend—lawmakers decided to double down on their semicolons. It now reads:

The canning; processing; preserving; freezing; drying; marketing; storing; packing for shipment; or distributing of:

(1) Agricultural produce;

(2) Meat and fish products; and

(3) Perishable foods.

Come on, guys. What do you have against the serial comma?

[h/t The New York Times]

14 Retro Gifts for Millennials

Ravi Palwe, Unsplash
Ravi Palwe, Unsplash

Millennials were born between 1981 and 1996, which means the pop culture they grew up with is officially retro. No matter what generation you belong to, consider these gifts when shopping for the Millennials in your life this holiday season.

1. Reptar Funko Pop!; $29

Amazon

This vinyl Reptar figurine from Funko is as cool as anything you’d find in the rugrats’ toy box. The monster dinosaur has been redesigned in classic Pop! style, making it a perfect desk or shelf accessory for the grown-up Nickelodeon fan. It also glows in the dark, which should appeal to anyone’s inner child.

Buy it: Amazon

2. Dragon Ball Z Slippers; $20

Hot Topic

You don’t need to change out of your pajamas to feel like a Super Saiyan. These slippers are emblazoned with the same kanji Goku wears on his gi in Dragon Ball Z: one for training under King Kai and one for training with Master Roshi. And with a soft sherpa lining, the footwear feels as good as it looks.

Buy it: Hot Topic

3. The Pokémon Cookbook; $15

Hop Topic

What do you eat after a long day of training and catching Pokémon? Any dish in The Pokémon Cookbook is a great option. This book features more than 35 recipes inspired by creatures from the Pokémon franchise, including Poké Ball sushi rolls and mashed Meowth potatoes.

Buy it: Hot Topic

4. Lisa Frank Activity Book; $5

Urban Outfitters

Millennials will never be too old for Lisa Frank, especially when the artist’s playful designs come in a relaxing activity book. Watercolor brings the rainbow characters in this collection to life. Just gather some painting supplies and put on a podcast for a relaxing, nostalgia-fueled afternoon.

Buy it: Urban Outfitters

5. Shoebox Tape Recorder with USB; $28

Amazon

The days of recording mix tapes don’t have to be over. This device looks and functions just like tape recorders from the pre-smartphone era. And with a USB port as well as a line-in jack and built-in mic, users can easily import their digital music collection onto retro cassette tapes.

Buy it: Amazon

6. Days of the Week Scrunchie Set; $12

Urban Outfitters

Millennials can be upset that a trend from their youth is old enough to be cool again, or they can embrace it. This scrunchie set is for anyone happy to see the return of the hair accessory. The soft knit ponytail holders come in a set of five—one for each day of the school (or work) week.

Buy it: Urban Outfitters

7. D&D Graphic T-shirt; $38-$48

80s Tees

The perfect gift for the Dungeon Master in your life, this graphic tee is modeled after the cover of the classic Dungeons & Dragons rule book. It’s available in sizes small through 3XL.

Buy it: 80s Tees

8. Chuck E. Cheese T-shirt; $36-$58

80s Tees

Few Millennials survived childhood without experiencing at least one birthday party at Chuck E. Cheese. This retro T-shirt sports the brand’s original name: Chuck E. Cheese’s Pizza Time Theatre. It may be the next-best gift for a Chuck E. Cheese fan behind a decommissioned animatronic.

Buy it: 80s Tees

9. The Nightmare Before Christmas Picnic Blanket Bag; $40

Shop Disney

Fans of Tim Burton’s The Nightmare Before Christmas will recognize the iconic scene on the front of this messenger bag. Unfold it and the bag becomes a blanket fit for a moonlit picnic among the pumpkins. The bottom side is waterproof and the top layer is made of soft fleece.

Buy it: Shop Disney

10. Toy Story Alien Socks; $15

Shop Disney

You don’t need to be skilled at the claw machine to take home a pair of these socks. Decorated with the aliens from Toy Story, they’re made from soft-knit fabric and are big enough to fit adult feet.

Buy it: Shop Disney

11. Goosebumps Board Game; $24

Amazon

Fans that read every book in R.L. Stine’s series growing up can now play the Goosebumps board game. In this game, based on the Goosebumps movie, players take on the role of their favorite monster from the series and race to the typewriter at the end of the trail of manuscripts.

Buy it: Amazon

12. Tamagotchi Mini; $19

Amazon

If you know someone who killed their Tamagotchi in the '90s, give them another chance to show off their digital pet-care skills. This Tamagotchi is a smaller, simplified version of the original game. It doubles as a keychain, so owners have no excuse to forget to feed their pet.

Buy it: Amazon

13. SNES Classic; $275

Amazon

The SNES Classic is much easier to find now than when it first came out, and it's still just as entertaining for retro video game fans. This mini console comes preloaded with 21 Nintendo games, including Super Mario Kart and Street Fighter II.

Buy it: Amazon

14. Planters Cheez Balls; $24

Amazon

Planters revived its Cheez Balls in 2018 after pulling them from shelves nearly a decade earlier. To Millennials unaware of that fact, this gift could be their dream come true. The throwback snack even comes in the classic canister fans remember.

Buy it: Amazon

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Order Mental Floss's Amazing Facts Desk Calendar to Learn Something New Every Day

Andrews McMeel Publishing
Andrews McMeel Publishing

Your commute, your weekend plans, and the weather are all tried-and-true topics for small talk, but that doesn’t mean you can’t meander into uncharted territory and wow your friends, family, and coworkers with some more obscure facts from time to time.

To give you some (more than 300, actually) ideas, Mental Floss has teamed up with Andrews McMeel Publishing on a desk calendar with one amazing fact for each day of 2021. If you’ve spent time on the Mental Floss website, the phrase amazing fact might sound familiar—the calendar is an offshoot of the popular Amazing Fact Generator, which has been delivering offbeat, zany, thought-provoking trivia to readers for a good part of Mental Floss’s 20-year history.

The facts themselves cover everything from pop culture to history and beyond, giving you the opportunity to discover, for example, that the little plastic "table" on top of the pizza you get for takeout or delivery is called a pizza saver, and that it was patented in 1983 by a woman named Carmela Vitale.

Some of the facts relate to their corresponding dates. On Halloween, you can kick off your morning conference call with this endearing entertainment tidbit: Children in 1966 were so distraught that Charlie Brown only got rocks in his trick-or-treat bag during It’s the Great Pumpkin, Charlie Brown that they mailed heaps of candy to Charles Schulz’s office in California.

By the end of next year, you’ll be the most interesting person in your company and everyone’s first choice for their pub trivia team. The calendar is available for purchase now, and you can get details on how to order it here.