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INTERPIPE CONTRACTING, INC. v. BECERRA

Nos. 17-55248, 17-55263.

898 F.3d 879 (2018)

INTERPIPE CONTRACTING, INC.; Associated Builders and Contractors of California Cooperation Committee, Inc., Plaintiffs-Appellants, v. Xavier BECERRA, in his official capacity as Attorney General of the State of California; Christine Baker, in her official capacity as Director of the California Department of Industrial Relations; Julie A. Su, in her official capacity as California Labor Commissioner, Division of Labor Standards Enforcement, Defendants-Appellees. Interpipe Contracting, Inc., Plaintiff-Appellant, and Associated Builders and Contractors of California Cooperation Committee, Inc., Plaintiff, v. Xavier Becerra, in his official capacity as Attorney General of the State of California; Christine Baker, in her official capacity as Director of the California Department of Industrial Relations; Julie A. Su, in her official capacity as California Labor Commissioner, Division of Labor Standards Enforcement, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2018.

Attorney(s) appearing for the Case

David Wolds (argued), San Diego, California, for Plaintiff-Appellant Interpipe Contracting, Inc.

Anastasia P. Boden (argued), Sacramento, California, for Plaintiff-Appellant Associated Builders and Contractors of California Cooperation Committee, Inc.

Seth Goldstein (argued), Sacramento, California, for Defendant-Appellee Xavier Becerra.

Ken Lau (argued), Oakland, California, for Defendants-Appellees Christine Baker and Julie A. Su.

Elizabeth D. Parry , Littler Mendelson P.C., Walnut Creek, California; Maurice Baskin , Littler Mendelson P.C., Washington, D.C.; for Amicus Curiae Associated Builders and Contractors.

Scott A. Kronland and Rebecca C. Lee , Altshuler Berzon LLP, San Francisco, California, for Amicus Curiae State Building and Construction Trades Council of California.

Before: Consuelo M. Callahan and Jacqueline H. Nguyen, Circuit Judges, and Robert W. Pratt, District Judge.

OPINION

California's labor code requires employers on public works projects to pay their employees a "prevailing wage." To comply with this requirement, employers must either pay the prevailing wage itself or pay a combination of cash wages and benefits, such as contributions to healthcare, pension funds, vacation...

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