Supreme Court Broadens Transportation Worker Exemption under Federal Arbitration Act

              A transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act.

               Petitioners Neal Bissonnette and Tyler Wojnarowski sued Respondent Flowers Foods, Inc. (Flowers) in federal court for violating federal and state wage laws.  Petitioners delivered baked goods only in Connecticut.  Flowers moved to compel arbitration.  Petitioners responded they were exempt from coverage under the FAA because they fall within the the §1 exemption for “… workers engaged in foreign or interstate commerce”.

The Second Circuit affirmed the District Court holding that the §1 exception was available only to workers in the transportation industry noting that petitioners were in the bakery industry.

The Supreme Court vacated the Second Circuit Judgment finding that a transportation workers need not work in the transportation industry to fall within the transportation exemption of FAA §1.

             Bissonnette et al v LePage Bakers Park St., LLC, et.al.  No. 23-51 (October Term 2023).