Debate Over FAA’s Interstate Commerce Exemption in Full Bloom in Flowers Case

On March 25, 2026, the U.S. Supreme Court heard oral argument in Flowers Foods, Inc. v. Brock, a case that could reshape the enforceability of arbitration agreements for delivery drivers, warehouse workers, and other employees across the supply chain. At issue is whether delivery drivers whose routes do not cross state lines may qualify as “workers engaged in foreign or interstate commerce” under Section 1 of the Federal Arbitration Act — and thus fall outside the FAA’s pro-arbitration... By: Sheppard, Mullin, Richter & Hampton LLP