Bissonnette v. LePage Bakeries, No. 20-1681 (2d Cir. 2022)
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Plaintiffs deliver baked goods by truck to stores and restaurants in designated territories within Connecticut. They brought an action in district court on behalf of a putative class against Flowers Foods, Inc. and two of its subsidiaries, which manufacture the baked goods that the plaintiffs deliver. Plaintiffs allege unpaid or withheld wages, unpaid overtime wages, and unjust enrichment pursuant to the Fair Labor Standards Act and Connecticut wage laws. The district court granted Defendants’ motion to compel arbitration and dismissed the case.
The Second Circuit affirmed the district court’s order compelling arbitration and dismissing the case. The court explained that it concludes that an individual works in a transportation industry if the industry in which the individual works pegs its charges chiefly to the movement of goods or passengers, and the industry’s predominant source of commercial revenue is generated by that movement. Here, because Plaintiffs do not work in the transportation industry, they are not excluded from the FAA, and the district court appropriately compelled arbitration under the Arbitration Agreement.
This opinion or order relates to an opinion or order originally issued on May 5, 2022.
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