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WSB ELEC., INC. v. CURRY

Nos. 94-16613, 94-16646.

88 F.3d 788 (1996)

WSB ELECTRIC, INC. and J.R. Roberts Corporation, Plaintiffs-Appellants, v. James CURRY, in his official capacity as the Labor Commissioner of the State of California; Ronald Rinaldi, Director of Industrial Relations for the State of California, Defendants-Appellees. J.R. ROBERTS CORPORATION, Plaintiff-Appellant, v. James CURRY, Labor Commissioner of the State of California; Ronald Rinaldi, Director of Industrial Relations for the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 5, 1996.

Attorney(s) appearing for the Case

Mark R. Thierman and George P. Parisotto, Thierman Law Partnership, San Francisco, California, for plaintiffs-appellants.

John M. Rea, Chief Counsel, Vanessa L. Holton, Asst. Chief Counsel, James D. Fisher, Counsel, Department of Industrial Relations, San Francisco, California, for defendants-appellees.

Marsha S. Berzon, Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, California, for intervenor-appellee.

Before: BROWNING, CANBY and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Appellants WSB Electric and J.R. Roberts are licensed contractors who perform public works contracts in the state of California. They brought suit against the California Department of Industrial Relations ("DIR") and its officers challenging the state's enforcement of its prevailing wage law for public works contracts, Cal. Labor Code § 1770 et seq. They claim that the state law is preempted by the Employee Retirement Income...

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