Southern Cal. Lab. Management etc. Committee v. Aubry

In Southern Cal. Lab. Management etc. Committee v. Aubry (1997) 54 Cal.App.4th 873, the United States Department of the Army entered into an agreement with several California state entities for the construction of a flood control system. (Id. at p. 877.) The California Department of Industrial Relations ruled that the project was subject to the Davis-Bacon Act (former 40 U.S.C. 276a), the federal prevailing wage law governing construction contracts, rather than California's prevailing wage law (Lab. Code, 1771 et seq.) After employees of contractors working on the project challenged the ruling, the appellate court held that the Davis-Bacon Act preempted California's prevailing wage law for projects under federal control, concluding that the statutory schemes constituted "separate, but parallel" systems, with the state law applying to state contracts and the federal law applying to federal contracts. (Southern Cal. Lab. Management etc. Committee v. Aubry, supra, 54 Cal.App.4th at pp. 879-887.) As the court observed, California's own prevailing wage statute and regulations recognized the inapplicability of state law to contracts controlled by the federal government. (Ibid.)