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Supreme Court Expands Transportation Worker Exemption to Intrastate Drivers in Interstate Supply Chains

By Julie Maurer, Dan Thiel & Alyssa Goehring on May 29, 2026
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SCOTUS

The Supreme Court’s unanimous May 28, 2026, decision in Flowers Foods, Inc. v. Brock significantly broadens the Federal Arbitration Act’s Section 1 transportation-worker exemption by holding that workers performing exclusively intrastate deliveries as part of a larger interstate supply chain qualify as “engaged in interstate commerce” and are therefore exempt from compelled arbitration—even when they never cross state lines or interact with vehicles that do.

The ruling resolves a longstanding circuit split in favor of the “constituent part” framework and marks the court’s fourth consecutive rejection of efforts to narrow Section 1’s reach, confirming that any distribution model in which goods originate outside the state and are completed by local drivers now falls squarely within the zone of heightened exemption risk, while leaving unresolved critical questions about independent contractor status, title passage, and intended destination that will drive worker-by-worker litigation and require companies relying on arbitration agreements with transportation workers to conduct immediate legal assessments of their workforce structures.

Read the legal update here.

Photo of Julie Maurer Julie Maurer

With a career-long emphasis on supply chain and complex commercial litigation issues, Julie provides a full suite of legal services to clients, with a special focus upon the transportation, cargo, and logistics industries. With 20+ years as a transportation logistics attorney and litigator…

With a career-long emphasis on supply chain and complex commercial litigation issues, Julie provides a full suite of legal services to clients, with a special focus upon the transportation, cargo, and logistics industries. With 20+ years as a transportation logistics attorney and litigator, Julie handles all legal matters for transportation/transportation-adjacent companies, including contract drafting and analysis, day-to-day legal consultations, regulatory advice, and complex litigation, often involving lost, damaged, or delayed cargo.

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Photo of Dan Thiel Dan Thiel

Dan represents transportation industry participants including shippers, carriers, brokers (3PLs), motor carriers, freight forwarders, intermediaries, NVOCCs, warehouses, and ocean vessels in commercial litigation matters.

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Photo of Alyssa Goehring Alyssa Goehring

Alyssa primarily focuses her practice on toxic tort matters, with occasional work in premises liability and employment discrimination. She thrives on the complexity of chemical exposure cases and work with expert witnesses, and she is especially experienced with mold exposure allegations. Alyssa has…

Alyssa primarily focuses her practice on toxic tort matters, with occasional work in premises liability and employment discrimination. She thrives on the complexity of chemical exposure cases and work with expert witnesses, and she is especially experienced with mold exposure allegations. Alyssa has represented military housing providers in mold cases, dealing with the added complexity of a government contract and the potential application of state laws on federal land.

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  • Posted in:
    Appellate and Supreme Court, Employment & Labor
  • Blog:
    International Trade Insights
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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