In an impressively geeky retort, the drivers responded that all the other exempted activities were listed as gerunds, words ending with “-ing”: Canning, processing, preserving, freezing, drying, marketing, storing, packing. The word “distribution,” they argued, was therefore not intended to be one of the items in the list.
The first court to hear the case ruled in the company’s favor, but the appellate court disagreed. Wrote Barron, since Maine’s overtime laws are meant to have “remedial purpose,” that is, to help the state’s workers, they should be read liberally. He and the appeals court therefore sided with the drivers, ruling that they are still eligible to receive their unpaid overtime.