Flowers Foods Inc. and two subsidiaries failed to convince the First Circuit to rehear their arguments as to why their delivery drivers should have to arbitrate wage-and-hour claims.
The bakery chain’s district court filings “never developed any argument that the goods plaintiffs carried were not in the flow of interstate commerce” for purposes of the Federal Arbitration Act, the US Court of Appeals for the First Circuit said June 2. The companies’ “alternative argument that plaintiffs waived waiver overlooks our case law,” the court added.
The two workers who filed the suit deliver baked goods under distribution agreements—which include mandatory ...
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