Jones

We consider whether an Oregon prerequisite for state recognition of a proposed apprentice training committee — that it be “necessary to serve the needs of the various apprenticeable occupations,” OR. REV. STAT. § 660.135(1), a requirement known as the “needs” requirement — is preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461 .

BACKGROUND

“Since the founding of the American republic, states have regulated training programs for individuals seeking to enter skilled crafts, in order to prevent their exploitation by employers.” Assoc. Builders & Contractors of S. Cal., Inc. v. Nunn, 356 F.3d 979 , 982 (9th Cir.2004). Oregon has since 1931 promoted apprentice training programs by establishing a registration system for programs that meet specified criteria. See 1931 OR. LAWS 138. Oregon does not, however, mandate that employers hire only registered apprentices. Instead, “[f]or building contractors, a major benefit of hiring registered apprentices is that they can pay them a special rate for work that they perform on public construction projects,” Nunn, 356 F.3d at 982, typically lower than the prevailing wage established by Oregon law. See…