List can be inclusive in which case they will conclude their last item with "and", our the can be exclusive in which case they would end with last item separated with "or." Inclusive requires all must be done, while exclusive implies if any in the list is done. The court is wrong.
On the other hand is it morally right to over work people just because they work with perishable goods and their employer refuses to hire sufficient help to get the job done in a reasonable work day? This law incentivizes the employer to overwork his employees because he does not have to pay overtime wages or hire an additional employee.
our the can be exclusive. . . = or the list can be exclusive. . .
I have no clue what happened there.