The Supreme Court heard arguments this week in a case that could redefine how delivery drivers are classified under federal labor law, with potential ripple effects across the gig economy.
The case, Flowers Foods v. Brock, centers on whether “last-mile” delivery drivers, who transport goods locally, as part of a broader interstate supply chain, are considered workers “engaged in interstate commerce.” That designation is critical because it determines whether they are exempt from mandatory arbitration under the Federal Arbitration Act.
The driver at the center of the case delivers baked goods in the Denver area as an independent contractor. Although his work was entirely within Colorado, the goods he delivered had moved through interstate channels, raising the central legal question now before the Supreme Court as to whether participation in that final step of an interstate journey is enough to qualify for the exemption.
The issue has divided lower courts and carries significant implications. A broader interpretation could allow more drivers to pursue claims in court, while a narrower ruling could keep many disputes in private arbitration systems, which critics say limit workers’ ability to seek relief.
A decision is expected later this year.