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Delivery Drivers Can Avoid Forced Arbitration Even If Their Employer Isn’t A Trucking Company

Case: Bissonnette V. LePage Bakeries Park St., LLC, 601 U.S. 246 (2024)

If you are an independent distributor of goods and have questions about how this case applies to your situation, or have other questions about your rights as a worker, our New Mexico employee’s rights lawyer is available for a free consultation to discuss your situation.

Brief Facts

Independent distributors delivered baked goods for a bread company under contracts with mandatory arbitration. They argued they were “transportation workers” exempt from the Federal Arbitration Act (FAA) because their job was to move goods in interstate commerce.

What The Court Decided

The Supreme Court ruled the FAA’s transportation-worker exemption is about what the worker does—not the industry of the employer. If your job is to move goods across borders (or is directly part of that flow), you may be exempt even if your employer is a bakery, not a trucking firm.

What This Means In Plain English

Job duties matter more than the company’s label. Some drivers, couriers, and loaders can go to court instead of being forced into arbitration.

How This Affects Employees

Workers whose core job is moving goods may be able to bypass arbitration clauses.

This can open the door to jury trials for wage, discrimination, or retaliation claims.

Whether you qualify turns on how directly your job is tied to interstate transportation.

If you have questions about your rights as an employee or independent contractor, Roger Davie of Davie & Valdez P.C. is a Board Certified Employment Lawyer who has been helping people throughout Texas and New Mexico with their legal needs for over 35 years. Reach out to us today to set up your free consultation.

Note: This post summarizes recent developments and is not legal advice. Speak with a lawyer about your situation.

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