S&C Employment Law Co-Heads Julie Jordan, Tracy Richelle High and Annie Ostrager, along with associates William Wolfe and Trinity Chapman, authored a Law360 article analyzing the Supreme Court‘s certiorari decision in Flowers Foods Inc. v. Brock and its potential implications for the enforceability of arbitration agreements under the Federal Arbitration Act’s transportation worker exemption for employers involved in distribution, logistics and last-mile delivery operations.
“The court's ruling in Flowers could reshape how distribution and logistics companies structure their workforces and address their dispute resolution strategies,” the authors write. “This ruling could lead to more employer-employee disputes being litigated in court, potentially as class or collective actions, rather than arbitrated. Employers would need to address their arbitration policies to account for a patchwork of state law regimes.”
Read: “Previewing Justices’ Driver Arbitration Exemption Review – Law360”