In a brief and straightforward opinion, the Supreme Court today held that a delivery driver who operates solely within state borders, neither crossing state lines nor interacting with vehicles that do, was nonetheless engaged in interstate commerce. Because the driver transported goods for a segment of their interstate journey from the place where they were made to the place where they were to be sold, he could claim exemption from the Federal Arbitration Act (FAA). This is the fourth case in the past seven years to address the reach of the FAA and the fourth time that workers have succeeded in arguing that they are beyond the statute’s reach. The cases preserve for important categories of the labor force – likely including Amazon delivery drivers – the right to sue in court.
The FAA requires courts to enforce arbitration agreements signed by private parties, but, in §1, it exempts from its coverage “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” Flowers Foods is a baked goods manufacturer that makes Wonder Bread and Krimpets and has bakeries in 19 states. Angelo Brock is a delivery driver who works in Denver. He picks up Flowers Foods products from a warehouse in Colorado and delivers them to stores in the Denver area. He never leaves the state. Flowers Foods argued that because Brock did not cross state lines and, in fact, had no interaction with anyone who does, Brock could not be “...
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