Allied Concrete and Supply Co. v. Baker

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Plaintiffs filed suit challenging a California statute, Cal. Lab. Code 1720.9, that amended the prevailing wage laws to ensure that delivery drivers of ready-mix concrete are paid a minimum wage. The district court denied IBT's motion to intervene and granted the State's motion to dismiss the Federal Aviation Administration Authorization Act of 1994 (FAAAA) claim. The district court granted plaintiffs summary judgment on the equal protection claim.The Ninth Circuit reversed the district court's grant of summary judgment for plaintiffs and held that the district court wrongly disregarded as irrelevant certain differences between ready-mix drivers and other drivers that the legislature could have relied on in extending the prevailing wage law. The panel reversed the district court's denial of IBT's motion for leave to intervene and held that IBT had a significantly protectable interest in the case. Finally, the court affirmed the district court's dismissal of the FAAAA claim, holding that the prevailing wage law was not related to prices, routes, and services within the meaning of the FAAAA's preemption clause. View "Allied Concrete and Supply Co. v. Baker" on Justia Law