The American Association for Justice (AAJ) and Public Justice have filed a joint amicus curiae brief with the U.S. Supreme Court in Flower Foods, Inc. v. Angelo Brock, urging the Court to reject Flower Foods’ latest attempt to avoid accountability for alleged wage and hour violations.
After workers accused the company of failing to pay them properly, Flower Foods has repeatedly tried to force the case into private arbitration, a system that often shields corporate misconduct from public scrutiny. This marks the company’s third attempt to compel arbitration, after the Tenth Circuit previously denied its request.
The Supreme Court is now being asked to decide whether Flower Foods’ delivery drivers fall outside the Federal Arbitration Act (FAA) exemption for transportation workers because they did not personally transport goods across state lines. In their amicus brief, AAJ and Public Justice urge the Court to uphold the Tenth Circuit’s ruling and clarify that transportation workers engaged in interstate commerce, including last-mile delivery drivers, are exempt from the FAA and entitled to have their claims heard in court.
“The law clearly states that transportation workers should not be forced into arbitration,” said AAJ President Bruce Plaxen, calling the case another effort by a corporation to evade responsibility for workers’ rights violations.
Public Justice Senior Attorney Shelby Leighton emphasized that Congress intended the FAA exemption to protect workers like Mr. Brock, whose work is part of the interstate flow of goods, even if their deliveries are local. The brief was also co-authored by Sachin Pandya, Roger Sherman Professor of Law at the University of Connecticut School of Law.
At Advocate Capital, we believe access to the courts is essential to a fair and functioning civil justice system. We are grateful for the work of AAJ and Public Justice in pushing back against forced arbitration and defending workers’ ability to seek justice openly and transparently. Their advocacy helps ensure that corporations cannot sidestep accountability through secretive processes and that workers’ rights remain protected.
Advocate Capital, Inc. is thankful for the opportunity to support Public Justice and the work they do to keep everyone safe. If you would like to learn more or become a financial supporter, visit publicjustice.net.
