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I-TAP v. CALIFORNIA DEPT. OF INDUS. RELATIONS

No. 11-17763.

730 F.3d 1024 (2013)

INDEPENDENT TRAINING AND APPRENTICESHIP PROGRAM, a California corporation; Brandin Moyer; Harold E. Nutter, Inc., a California corporation, Plaintiffs-Appellants, v. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, an agency of the State of California; Christine Baker, in her official capacity as Acting Director of the California Department of Industrial Relations; Division of Apprenticeship Standards; Glen Forman, in his official capacity as Acting Chief, Division of Labor Standards Enforcement; Julie Su, in her official capacity as Labor Commissioner, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2013.

Attorney(s) appearing for the Case

Charles L. Post (argued), Zachary Smith , and Brendan J. Begley , Weintraub Genshlea Chediak Tobin & Tobin, Sacramento, CA, for Plaintiffs-Appellants.

Fred Lonsdale (argued), Counsel; Katherine Zalewski , Chief Counsel; Steven McGinty , Assistant Chief Counsel; Gary O'Mara , Counsel, Department of Industrial Relations, State of California, Oakland, CA, for Defendants-Appellees.

M. Patricia Smith , Solicitor of Labor; Steven J. Mandel , Deputy Solicitor for National Operations; Edward D. Sieger , Senior Attorney, United States Department of Labor, Washington, D.C.; Stuart F. Delery , Principal Deputy Assistant Attorney General; Michael Jay Singer and Abby C. Wright , Appellate Staff, United States Department of Justice, Civil Division, Washington, D.C., for the Acting Secretary of Labor, as amicus curiae.

Before: MICHAEL DALY HAWKINS, A. WALLACE TASHIMA, and MARY H. MURGUIA, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Pursuant to the National Apprenticeship Act of 1937 (also known as the "Fitzgerald Act"), federal regulations govern the employment of apprentices on public works projects qualifying as "Federal purposes," a term that is defined under the regulations. Plaintiff Independent Training and Apprenticeship Program ("I-TAP") is registered with the Department of Labor ("DOL") as an...

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