Flowers Foods Drivers Lose Bid for Arbitration Appeal Rehearing

Feb. 15, 2023, 5:03 PM UTC

Drivers who deliver baked goods for Flowers Foods Inc. failed to convince the full Second Circuit to take another look at whether they’re transportation workers exempt from a federal arbitration law Wednesday.

The workers argued that the US Court of Appeals for the Second Circuit’s decision in favor of the baked goods producer and two subsidiaries conflicted with a recent US Supreme Court opinion involving the same Federal Arbitration Act exemption. But they didn’t persuade a majority of the appellate judges to give them another shot, the Second Circuit said in a one-paragraph order denying rehearing.

The drivers sought panel ...

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