Case: Flower Foods, Inc., et al. v. Angelo Brock, No. 24-935
Lower Court: Tenth Circuit
Docketed: 2025-02-28
Status: Granted
Question Presented: Are workers who deliver locally goods that travel in interstate commerce —but who do not transport the goods across borders nor interact with vehicles that cross borders —"transportation workers" "engaged in foreign or interstate commerce" for purposes of the Federal Arbitration Act 's § 1 exemption ?
Set for oral argument on March 25, 2026, Flower Foods, Inc. v. Brock arrives at the Court with a substantial amicus presence. Twenty-two amicus briefs have been filed, including a January 22, 2026, brief from a coalition of states led by Illinois, and a separate brief from AARP and AARP Foundation. That level of participation reflects how broadly the answer to this question could affect workers classified as independent contractors across a range of delivery industries. The full docket is available at the Supreme Court’s docket page.
Angelo Brock worked as a distributor delivering Flower Foods’ goods within a local territory. Flower Foods sought to compel arbitration under the Federal Arbitration Act. Brock argued that § 1 of the FAA exempts “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” The Tenth Circuit ruled in Brock’s favor.
The legal question turns on how far the § 1 exemption extends beyond workers who physically cross state lines. The amicus briefs from labor organizations and state attorneys general argue that the exemption should follow the goods; Flower Foods contends the worker’s own conduct must connect to interstate movement. More background on the case is available at Oyez.
The Court’s answer will determine whether employers in the expanding gig and delivery economy can require arbitration for a large class of workers. A ruling for Flower Foods would push many local delivery workers back into arbitration agreements; a ruling for Brock would extend judicial access to a broader workforce. Practitioners advising companies that rely on last-mile distribution networks should watch this decision closely.