Bissonnette v. LePage Bakeries, No. 20-1681 (2d Cir. 2022)
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Plaintiffs, who deliver baked goods in designated territories in Connecticut, brought an action on behalf of a putative class against the manufacturer of the baked goods that Plaintiffs deliver. The district court compelled arbitration pursuant to an arbitration agreement that is governed by the Federal Arbitration Act (“FAA”) and Connecticut law. Plaintiffs claimed that they are not subject to the FAA because Section 1 of the FAA excludes contracts with “seamen, railroad employees, [and] any other class of workers engaged in foreign or interstate commerce.” 9 U.S.C. Section 1. The exclusion is construed to cover “transportation workers.”
The Second Circuit affirmed the district court’s decision ordering arbitration and dismissing Plaintiff’s lawsuit against Defendant for unpaid or withheld wages, unpaid overtime wages, and unjust enrichment. The court held that Plaintiffs did not qualify as transportation workers.
The court reasoned that though Plaintiffs spend appreciable parts of their working days moving goods from place to place by truck, the stores and restaurants are not buying the movement of the baked goods, so long as they arrive. The charges are for the baked goods themselves, and the movement of those goods is at most a component of the total price. The commerce is in breads, buns, rolls, and snack cakes--not transportation services.
The court issued a subsequent related opinion or order on September 26, 2022.
The court issued a subsequent related opinion or order on February 15, 2023.
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