Ninth Circuit Stays District Court Injunction Against California Law that Requires Payment of Prevailing Wages to Ready-Mix Drivers

The Ninth Circuit Court of Appeals today issued a stay of a District Court injunction that prevented enforcement of a new California law that requires suppliers of ready-mix concrete to public work to pay ready-mix drivers at least the prevailing wage.

In Allied Concrete v. Baker, a group of ready-mix suppliers assert a constitutional challenge to California Assembly Bill 219 (2015), which applies the prevailing wage law to ready-mix drivers working for commercial suppliers.  The District Court denied the motion of the International Brotherhood of Teamsters to intervene to defend the statute and then issued a preliminary injunction prohibiting state officials from enforcing the statute, reasoning that there are “serious questions” about whether the law violates equal protection.  The Teamsters filed an immediate appeal and joined state officials in seeking a stay of the preliminary injunction, which the Ninth Circuit granted.

Altshuler Berzon LLP represents the International Brotherhood of Teamsters in the action.