California Appellate Tracker

Allied Concrete & Supply Co. v. Baker

October 31, 2018

California statute extending state wage laws governing public works to cover delivery drivers of ready-mix concrete is not preempted by the Federal Aviation Administration Authorization Act and does not violate concrete companies’ equal protection rights.

The Federal Aviation Administration Authorization Act does not preempt Cal. Lab. Code 1720.9, which extends California’s prevailing wage laws governing public works to cover delivery drivers of ready-mix concrete. The prevailing wage law is not related to prices, routes, and services within the meaning of the FAAAA’s preemption clause. Also, section 1720.9 does not violate concrete companies’ right to equal protection since there are a variety of reasons relating to the purpose of prevailing wage laws for treating concrete delivery personnel differently from employees delivering other sorts of supplies to a construction project.

Ninth Circuit Court of Appeals (Tashima, J.); September 20, 2018; 2018 U.S. App. LEXIS 26881

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Allied Concrete & Supply Co. v. Baker

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