Ninth Circuit Rules that Stage Corporation Drivers Can Maintain Lawsuit Challenging Independent Contractor Classification

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…

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