Food Distributors Aren't Transportation Workers, Court Told

Law360 (August 25, 2020, 6:18 PM EDT) -- Baking company Flowers Foods has called on the Eleventh Circuit to push overtime claims lodged by its distributors into arbitration, panning the idea that those workers — who deliver Flowers' goods to retail customers — qualify for the transportation industry arbitration exemption.

The Georgia-based producer of popular brands like Wonder Bread and Nature's Own is hoping to kill a lower court decision from March that found Flowers' distribution workers don't need to arbitrate their claims for overtime pay because they fall under the Federal Arbitration Act's carveout for transportation workers.

"To be sure, independent distributors play an important role in the...

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