The U.S. Supreme Court recently delved into a case concerning truck drivers for Georgia-based Flowers Foods, questioning whether they should be considered exempt from the Federal Arbitration Act (FAA) due to their involvement in delivering baked goods. This case, stemming from a disagreement on the applicability of the FAA’s exemptions to these drivers, could significantly impact employment practices across various industries.
Jennifer D. Bennett, representing the drivers, argued for their exemption by referencing a 2022 Supreme Court decision which found a Southwest Airlines ramp supervisor exempt as he was engaged in foreign or interstate commerce. Bennett contended that the drivers, who perform similar interstate transport work, should also be exempt, despite the 2nd U.S. Circuit Court of Appeals ruling in favor of Flowers Foods. The appellate court’s decision was based on the rationale that the drivers, being in the bakery industry rather than the transportation industry, do not meet the exemption criteria — a distinction Bennett claims lacks textual support in the FAA.
The case highlights a broader legal debate over who falls under the FAA’s exemption for “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.”
Traci L. Lovitt, representing Flowers Foods, urged the justices to consider the historical context of the FAA’s passage in 1925, emphasizing Congress’s intent to address labor disputes within the transportation sector uniquely capable of impacting national commerce and security.
The justices grappled with the potential consequences of extending the FAA’s exemption to a wider array of workers, noting that such a decision could encompass a vast number of employees and companies beyond traditional transportation roles, including modern e-commerce giants like Amazon that operate their own transportation fleets.
The debate underscores the evolving nature of work and commerce in the U.S., posing challenging questions about the scope of federal arbitration law and its applicability to workers in industries that have blurred the lines between production, retail, and transportation.