Flowers Foods v. Brock

On May 28, 2026, the Supreme Court upheld a lower court decision holding that commercial drivers who deliver goods entirely within the State of Colorado qualify as a class of workers “engaged in . . . interstate commerce” and thus are exempted from the Federal Arbitration Act’s normal rule giving effect to an arbitration provision in an employment contract. This outcome was a setback for WLF, whose amicus curiae brief contended that the FAA’s text and purpose compel the opposite reading—purely in-state commercial activity is not exempted from the FAA’s broad reach.