November 13, 2024
A Second Circuit panel seemed to express skepticism Wednesday over a baked goods company's argument that its products' delivery drivers are not exempt from federal arbitration requirements as interstate transportation workers, weighing in on an independent contractor classification suit that went to the U.S. Supreme Court.
November 08, 2024
This week, the Second Circuit will consider a nursing home's attempt to block a National Labor Relations Board case against it on the grounds that the agency is unconstitutionally structured. Here, Law360 looks at this and other cases on the docket in New York.
November 01, 2024
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
July 25, 2024
The Second Circuit should keep its earlier decision that two food distributors must arbitrate claims that Flower Foods and two subsidiaries misclassified them as independent contractors because the duo didn't perform transportation work, the companies said.
June 28, 2024
A misclassification suit that went to the U.S. Supreme Court should stay out of arbitration, two food distributors told the Second Circuit, arguing that a slew of rulings supported their arguments that they should be considered transportation workers.
February 15, 2023
The Second Circuit declined on Wednesday to rehear en banc a dispute over whether bread delivery drivers were bound to arbitrate claims for unpaid wages, instead leaving intact a ruling that the drivers were not arbitration-exempt transportation workers.
October 12, 2022
A split Second Circuit panel went against the U.S. Supreme Court and other circuits when it ruled two drivers weren't transportation workers because they were employed in the bakery industry, the workers said, urging the full appeals court to weigh in.
October 11, 2022
Delivering goods can help qualify an individual for the Federal Arbitration Act's transportation worker exemption, but recent rulings that found the carveout didn't cover baked goods distributors demonstrate that it applies only if transportation is what brings in commercial revenue.
September 26, 2022
The U.S. Supreme Court's recent decision on which workers are exempt from federal arbitration requirements didn't move the needle in a misclassification suit, a split Second Circuit panel said Monday, standing by its earlier decision that two drivers for Flower Foods weren't transportation workers who qualify for the exemption.
July 21, 2022
Flowers Foods Inc. said the Second Circuit should give the company an opportunity to respond to a rehearing petition filed by two food distributors, who had their misclassification claims sent to arbitration, before issuing an opinion on the revived case.