Kairy

Kairy v. SuperShuttle International

Good Law
660 F.3d 1146·2011 WL 5222891·18 Wage & Hour Cas.2d (BNA) 481·76 Cal. Comp. Cases 1176·2011 U.S. App. LEXIS 22161
United States Court of Appeals for the Ninth CircuitNovember 3, 201110-16150California4,273 words

Opinion

Opinion

Tashima, J.

This case requires us to decide whether a federal district court lacks subject matter jurisdiction to determine whether passenger stage corporation drivers are employees or independent contractors under California law. Specifically, we must consider whether such a decision by the district court would hinder, frustrate, interfere with, or obstruct the regulatory authority exercised by the California Public Utilities Commission over passenger stage corporations, as prohibited by California Public Utilities Code § 1759. We hold that it would not.

I. Background

The Public Utilities Commission (“PUC” or “commission”) is a state administrative agency created by the California Constitution to regulate public utilities. Cal. Const, art. XII. The California Public Utilities Code protects the jurisdiction of the PUC by limiting judicial review of commission decisions and policies:

Cal. Pub. UtiLCode § 1759(a).

Other provisions of the Public Utilities Code, however, make clear that public utilities are also subject to California law generally. Chapter 11 of the Public Utilities Act (§§ 2100-2119), entitled “Violations,” lays out a variety of remedies available if a public…

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