Krimpets, Commerce, And Arbitration: The Supreme Court’s Latest FAA § 1 Decision

On 28 May 2026, the United States Supreme Court issued its unanimous decision in Flowers Foods, Inc. v. Brock, further clarifying the scope of the Federal Arbitration Act (“FAA”) § 1 exemption for transportation workers.

The FAA requires courts to enforce private arbitration agreements. However, § 1 of the FAA provides an important exception for disputes involving the contracts of employment of, inter alia, any “class of workers engaged in foreign or interstate commerce”.¹

The case addressed whether a worker may qualify as part of such a “class of workers engaged in […] interstate commerce” even when he or she never crosses state lines and never interacts with vehicles that do. The Court answered yes, holding that a worker who transports goods on an intrastate leg of a continuous interstate journey may fall within the § 1 exemption.