The National Employment Law Project (NELP) has publicized the U.S. Supreme Court's unanimous decision in Bissonnette v. LePage Bakeries, which affirms delivery workers' rights to seek unpaid wages in court rather than through private arbitration. NELP had submitted an amicus brief urging the Supreme Court to scrutinize the corporate habit of enforcing forced arbitration clauses and protect workers' rights.

The court has overruled a requirement from the Second Circuit that necessitated workers in the transportation industry to claim the Section 1 transportation exemption under the Federal Arbitration Act. Instead, it underscored the significance of considering a worker’s duties, as established in Southwest Airlines v. Saxon. The case involved commercial truck drivers employed by Flowers Foods, who deliver snack foods and Wonder Bread products across Connecticut, according to a press release by NELP.

Rebecca Dixon, president and CEO of NELP, shared her thoughts on this development. "While the decision today does not narrow the exemption, the facts of the case show that companies continue to unilaterally impose arbitration provisions, often with class and collective action waivers, seeking to keep worker protection claims out of courts and out of public view," said Dixon. She added that companies like Flowers exert downward pressure on wages and encourage abuses by attempting to channel their workers’ wage claims into arbitration. "Employer-imposed forced arbitration requirements are stopping workers—especially underpaid and Black workers—from taking their employers to court if they steal wages or violate basic labor rights," she said. Dixon urged Congress to put an end to these practices and pass the FAIR Act.

According to its About webpage, NELP is an advocacy group committed to creating a fair and inclusive economy where workers enjoy extensive rights and thrive in quality employment. Established in 1969, NELP collaborates with various local, state, and national partners to achieve its mission through legal and policy initiatives, research, capacity-building, and communication efforts.