10 Fair empl.prac.cas. 633, 22 Wage & Hour Cas. (Bn 413, 9 Empl. Prac. Dec. P 9895 Homemakers, Inc., of Los Angeles v. Division of Industrial Welfare and Industrial Welfare Commission of the Stateof California

509 F.2d 20 10 Fair Empl.Prac.Cas. 633 , 22 Wage & Hour Cas. (BN 413, 9 Empl. Prac. Dec. P 9895 HOMEMAKERS, INC., OF LOS ANGELES, Plaintiff-Appellee, v. DIVISION OF INDUSTRIAL WELFARE and Industrial Welfare Commission of the Stateof California, Defendants-Appellants. No. 73--1786. United States Court of Appeals, Ninth Circuit. Dec. 31, 1974. Robert Leverman, Deputy Atty. Gen. (argued), San Francisco, Cal., for defendants-appellants. Phillip J. Gregory (argued), of Garrison, Gregory, Herndon & Townsend, San Francisco, Cal., for plaintiff-appellee. Before LUMBARD, * KOELSCH and WRIGHT, Circuit Judges. OPINION EUGENE A. WRIGHT, Circuit Judge: 1 This is an appeal from an order declaring invalid certain provisions of the California Labor Code and related orders of the California Industrial Welfare Commission requiring payment of premium overtime pay to covered women employees. The district court found that the provisions in question were in conflict with and superseded by Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq. (1970)). 1 It also found that plaintiff's failure to comply with the California statute did not give rise to an unlawful employment…