In a unanimous 9-0 decision issued on May 28, 2026, the U.S. Supreme Court delivered a significant victory for transportation workers in Flowers Foods, Inc. v. Brock. Justice Neil Gorsuch, writing for the Court, held that “last-mile” delivery drivers who complete the final intrastate leg of goods traveling in interstate commerce qualify as workers “engaged in … interstate commerce.” As a result, they fall within the Federal Arbitration Act’s (FAA) exemption and generally cannot be compelled to arbitrate their employment disputes. This ruling has immediate and exciting implications for the thousands of pizza delivery drivers across the country who routinely face individual arbitration clauses in their employment or independent contractor agreements—clauses that often prevent them from joining together in class or collective actions to recover under-reimbursed vehicle expenses, unpaid wages, and other compensation.
What Happened in Flowers Foods v. Brock?
Angelo Brock worked as a distributor for Flowers Foods, delivering baked goods (such as Wonder Bread) from a regional warehouse in Colorado to local grocery stores and retailers. All of his driving occurred entirely within Colorado—he never crossed state lines. The goods he delivered, however, had been baked in other states and shipped interstate to the Colorado warehouse before reaching their final retail destinations. Flowers Foods moved to compel arbitration under the FAA based on Brock’s distribution agreement. Lower courts rejected that motion, and the Supreme Court affirmed. The Court rejected Flowers Foods’ argument that a worker must personally cross state lines or interact with vehicles that do so in order to qualify for the FAA exemption. Instead, the unanimous opinion emphasized the plain text and historical understanding of “engaged in interstate commerce”:
A worker who transports goods on an intrastate leg of an interstate journey can qualify for §1’s exemption without crossing state lines or interacting with vehicles that do.
The Court looked to longstanding Commerce Clause precedent recognizing that a continuous journey of goods across state lines retains its interstate character even during purely intrastate segments. Each worker who plays a “direct, active, and necessary part” in moving those goods participates in interstate commerce.
How This Applies to Pizza Delivery Drivers
Pizza delivery may feel like a purely local job—driving from the store to a customer’s home or office. But under the Flowers Foods framework, many pizza delivery drivers perform classic “last-mile” work. Consider the supply chain:
- Flour, cheese, sauce, toppings, boxes, and other ingredients and supplies routinely travel across state lines from producers and distributors to reach your local pizzeria.
- Once at the store, those goods are assembled into pizzas.
- The driver then transports the finished product—the culmination of that interstate supply chain—from the store to the customer’s door.
This final delivery leg can reasonably be viewed as completing the interstate journey of the goods, just as Brock’s intrastate deliveries completed the journey of baked goods that originated out of state. The Supreme Court’s textual and historical approach in Flowers Foods strongly supports the argument that pizza delivery drivers who transport goods that originated (in whole or in part) in interstate commerce are “engaged in interstate commerce” for purposes of the FAA exemption. This interpretation aligns with the Court’s rejection of artificial bright-line rules requiring drivers to personally cross state lines.
Why This Matters for Your Vehicle Expense Claims
At Biller and Kimble We represent pizza delivery drivers in class and collective actions seeking reimbursement for the substantial costs of using personal vehicles—gas, maintenance, depreciation, insurance, and more. These claims often arise under the Fair Labor Standards Act (FLSA) and analogous state laws when drivers are paid little or nothing for mileage. Many pizza chains and delivery platforms include broad arbitration agreements that force drivers into individual proceedings, making it difficult or impossible to pursue class-wide relief. The Flowers Foods decision provides powerful new ammunition to challenge those agreements. If courts adopt the natural reading of Flowers Foods—that last-mile delivery workers completing the interstate journey of goods are exempt—pizza delivery drivers may be able to:
- Stay in court rather than being forced into individual arbitration.
- Pursue class or collective actions on behalf of similarly situated drivers.
- Obtain meaningful recovery for years of under-reimbursed vehicle expenses.
What Should Pizza Delivery Drivers Do Now?
This decision is still very new, and its precise application to food delivery workers will be litigated in the coming months and years. However, the unanimous Supreme Court opinion provides a clear, text-based roadmap that favors workers. If you are a current or former pizza delivery driver who:
- Signed an arbitration agreement,
- Was required to use your personal vehicle for deliveries, and
- Were not fully reimbursed for your mileage and vehicle expenses,
you may have strong new arguments that you are not bound by forced arbitration. Contact Biller and Kimble today for a free, confidential consultation. Our team has extensive experience representing delivery drivers and is actively evaluating how Flowers Foods v. Brock can help drivers across the country move forward with their claims in court.
We’re proud to stand with delivery drivers who keep America moving—one pizza at a time. The Supreme Court has now given us an important new tool to fight for fair compensation. Let’s put it to work. Reach out to Biller and Kimble—we’re ready to help.
"*" indicates required fields
ADVERTISING ONLY: The information on this blog is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Past results obtained by Biller & Kimble, LLC are no guarantee of future results. Each case or matter is different and must be judged on its own merits.