Purdy & Fitzpatrick v. State of California

These eases involve a challenge to Labor Code section 1850, which basically prohibits the employment of aliens on public works. Plaintiffs.. contractors on public works, brought actions to declare section 1850 uneonstitu- tional or otherwise invalid and to recover certain penalties paid for alleged violations of the section. The trial court, without opinion, granted plaintiffs’ motions for summary judgment and awarded damages in the amount of the penalties assessed for violation of section 1850, plus interest and costs.

Defendant Division of Labor Law- Enforcement of the State Department of Industrial Relations appeals from the summary judgments and urges that we reverse them and sustain the validity of-Labor Code section 1850. Defendant Treasurer of the State appeals on the sole ground that Purdy & Fitzpatrick’s complaint failed to state a cause of action for damages against her office.

We have concluded: (1) that section 1850- encroaches upon the congressional-scheme for immigration and naturalization; that section 1850 interferes with the operation of the extensive labor-«controls provisions of the Immigration and Nationality Act of 1952, as amended, 8 U.S.C. section 1101 et…