By: Sam G. Sherman, Esq.
The Ninth Circuit Court of Appeals decided Kairy v. Super Shuttle International yesterday. At issue was whether a plaintiff could sue in state or federal court alleging independent contractor misclassification or whether the California Public Utilities Commission (PUC) has exclusive jurisdiction over employee classification.
SuperShuttle Internation provides shared-ride airport shuttle service. In California, SuperShuttle is considered a PSC subject to PUC regulations. Prior to 2001, SuperShuttle classified its drivers as employees. SuperShuttle then…