Constitutional Law Reporter
Award
Menu
  • Home
  • US Constitution
  • Supreme Court Cases
  • Justices
    • Chief Supreme Court Justices
    • Current Supreme Court Justices
    • Past US Supreme Court Justices
  • American Biographies
    • General
    • Presidents
    • Vice-Presidents
    • First Ladies
    • Signers of the U.S. Constitution
    • Signers of the Declaration of Independence
    • Delegates of the U.S. Constitution
    • Misc – Great American Bios
  • Articles
    • Current Cases
    • Historical Cases
    • Impeachment
  • Videos
  • Links
Hot-Topics

November 5, 2026 | Unanimous Supreme Court Affirms Arbitration Exemption for “Last-mile” Drivers

Unanimous Supreme Court Affirms Arbitration Exemption for “Last-mile” Drivers

In Flowers Foods, Inc. v. Brock, 608 U.S. ____ (2026), the U.S. Supreme Court unanimously held that local “last-mile” delivery drivers are exempt from mandatory individual arbitration under the Federal Arbitration Act (FAA), even if they do not cross state lines. 

Facts of the Case

The Federal Arbitration Act (FAA) requires courts to enforce many private arbitration agreements, but it also provides that “nothing” in the law shall be used to compel arbitration in disputes involving the “contracts of employment” of any class of workers “engaged in…interstate commerce.” This case centered on whether someone can qualify as a worker under the 9 U.S.C. §1 exemption if he never crosses state lines and never interacts with vehicles that do.

Flowers Foods, Inc., is a large producer of packaged baked goods with bakeries in 19 States. To get its products to market, the company depends in part on franchisees who buy the distribution rights to Flowers’s products in specific geographic territories. Angelo Brock is one such franchisee serving the Denver area; he picks up Flowers’s products from a warehouse in Colorado and delivers them to local stores, all without leaving the State.

In 2022, Brock sued Flowers in federal district court alleging that the company had underpaid him and other distributors in violation of various federal and state laws. Flowers moved to compel arbitration, arguing that the FAA generally requires courts to stay or dismiss cases when the parties have agreed to resolve their disputes by arbitration and that Brock had signed a distribution agreement promising to arbitrate any disagreement.

The district court denied Flowers’s motion, and the Tenth Circuit affirmed. Resting its decision on 9 U.S.C. §1, the Tenth Circuit reasoned that Brock belonged to a class of workers engaged in interstate commerce and thus the court lacked authority to compel arbitration.

Supreme Court’s Decision

The Supreme Court affirmed by a vote of 9-0. According to the Court, aworker who transports goods on an intrastate leg of an interstate journey can qualify for §1’s exemption without crossing state lines or interacting with vehicles that do.

Writing on behalf of the Court, Justice Neil Gorsuch emphasized that the Court has previously rejected attempts to narrow the scope of the interstate transportation exception. It went on to do so again.

Citing the statute’s text, the Court rejected Flower’s invitation to adopt a bright-line rule that a worker can never qualify for § 1’s exemption unless the worker crosses state lines or interacts with vehicles that do.It further noted that interstate commerce includes transporting products “between points in one state and points in another state,” which involves not just crossing state lines, but intrastate activity too.Justice Gorsuch wrote:

Before us, Flowers’s sole theory is that, to be engaged in interstate commerce for purposes of §1, a worker must either cross state lines or interact with a vehicle that does (say, by loading or unloading the goods it carries). That theory is incorrect. We have already held in Saxon that §1 does not require workers to cross state lines. Nor, we now add, does §1 turn on a game of tag with vehicles that do. At least sometimes, a worker who transports goods on an intrastate leg of an interstate journey can qualify for §1’s exemption without satisfying either of those criteria.

The Supreme Court also noted that historical precedent supported its interpretation. For instance, in The Daniel Ball, 10 Wall. 557 (1870), the Court held that a steamer transporting goods entirely within Michigan was “engaged in commerce between the States” because it “was employed in transporting goods destined for other States, or goods brought from without…Michigan.” 

The Court acknowledged that these cases interpreted the Constitution’s Commerce Clause, not §1 of the FAA, and made it clear that it was not suggesting that the scope of §1 is coterminous with the scope of the Commerce Clause as interpreted at the time of the FAA’s adoption in 1925. However, it ultimately found that cases using the same language as §1, or formulations very close to it, offer probative evidence of what an ordinary person at the time of the FAA’s enactment would have understood its terms to mean.

Previous Articles

SCOTUS: Appeal Waivers Resulting in Miscarriage of Justice Are Unenforceable
by DONALD SCARINCI on November 2, 2026
SCOTUS: Appeal Waivers Resulting in Miscarriage of Justice Are Unenforceable

In Hunter v. United States, 608 U.S. ____ (2026), the U.S. Supreme Court held that an agreement not...

Read More
Supreme Court Rules Prison Officials Can’t Face RLUIPA Suit
by DONALD SCARINCI on October 12, 2026
Supreme Court Rules Prison Officials Can’t Face RLUIPA Suit

In Landor v. Louisiana Department of Corrections and Public Safety, 609 U.S. ___ (2026), the U.S. S...

Read More
Supreme Court Clarifies Constitutionality of Tax Foreclosure Sales
by DONALD SCARINCI on September 28, 2026
Supreme Court Clarifies Constitutionality of Tax Foreclosure Sales

In Pung v. Isabella County, 609 U.S. ____ (2026), the U.S. Supreme Court held that the proper basel...

Read More
All Posts

The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
    Read More
  • Amendment2
    • The Right to Bear Arms
    Read More
  • Amendment4
    • Unreasonable Searches and Seizures
    Read More
  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
    Read More

Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Read More

More Recent Posts

  • Supreme Court Clarifies Applicability of First Step Act to Vacated Sentences
  • SCOTUS Rules E-Cigarette Retailers Can Challenge FDA Order in Fifth Circuit
  • Supreme Court Expands Judicial Review of Agency Actions
  • Supreme Court Pauses Order Reinstating CPSC Commissioners

Constitutional Law Reporter Twitter

A Twitter List by S_H_Law

Constitutional Law Reporter RSS

donald scarinci constitutional law attorney

Editor

Donald Scarinci

Managing Partner

Scarinci Hollenbeck

(201) 806-3364

Awards


Follow me

© 2018 Scarinci Hollenbeck, LLC. All rights reserved.

Prior results do not guarantee a similar outcome. Attorney Advertising