Section 1 of the Federal Arbitration Act Exempts Transport Workers Involved In Interstate Commerce.

The peculiar aspect of Flowers Foods Inc., et al v. Brock, 24-953 (S.Ct. 5/28/26) is that Angelo Brock, a transport worker who only worked in Colorado and did not deal with out-of-state employees, was held by SCOTUS to be a transport worker engaged in interstate commerce, and thus exempt from arbitration. Justice Gorsuch authored the court’s unanimous opinion, evidence once again that boring cases can still yield unanimity among the Justices.

Flowers Foods was out of state. Its baked products were delivered to a warehouse in Colorado. Brock picked up the goods and delivered them in Colorado. Thus, Brock worked intrastate as a transport worker, and did not deal with workers who crossed into Colorado. Because Brock carried out the last leg of an interstate transaction in commerce, he was exempt from arbitration