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CALIFORNIA DIV. OF LABOR STANDARDS ENFORCEMENT v. DILLINGHAM CONSTRUCTION, N. A. INC.

No. 95-789.

519 U.S. 316 (1997)

117 S.Ct. 832

136 L.Ed.2d 791

CALIFORNIA DIVISION OF LABOR STANDARDS ENFORCEMENT et al. v. DILLINGHAM CONSTRUCTION, N. A., INC., et al.

Supreme Court of United States.

Decided February 18, 1997.

Attorney(s) appearing for the Case

John M. Rea argued the cause for petitioners. With him on the briefs were Vanessa L. Holton, Fred D. Lonsdale, Sarah Cohen, and H. Thomas Cadell, Jr.

James A. Feldman argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Deputy Solicitor General Kneedler, J. Davitt McAteer, Allen H. Feldman, Nathaniel I. Spiller, and Edward D. Sieger.

Richard N. Hill argued the cause and filed a brief for respondents.*

Thomas, J., delivered the opinion for a unanimous Court. Scalia, J., filed a concurring opinion, in which Ginsburg, J., joined, p. 334.

Justice Thomas, delivered the opinion of the Court.

The State of California requires a contractor on a public works project to pay its workers the prevailing wage in the project's locale. An exception to this requirement permits a contractor to pay a lower wage to workers participating in an approved apprenticeship program. This case presents the question whether the pre-emption provision of the Employee Retirement Income...

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