11th Circ. Remands Bread Distributors' Arbitration Exemption

By Craig Clough (July 9, 2021, 9:04 PM EDT) -- The Eleventh Circuit vacated a lower court's decision that Flowers Foods distribution workers can't be forced to take their unpaid overtime claims to arbitration, ruling Friday that the lower court will need to reconsider the case in light of an opinion on the transportation industry exemption the circuit issued just last month.

The panel's ruling reverses a lower court's finding that distributors for the Georgia-based producer of popular brands like Wonder Bread and Nature's Own don't have to arbitrate their claims for overtime pay because the plaintiffs fall under the Federal Arbitration Act's carveout for transportation workers.

In a brief order, the three-judge...

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