Curry

Appellants administer trainee programs approved by the Department of Labor’s Bureau of Apprenticeship Training for Davis-Bacon Act public works projects. They sought and were denied approval for California public works projects by the California Apprenticeship Council. The district court held that the operation of California’s prevailing wage statute, California Labor Code § 1720 et seq., to allow the payment of lower apprentice wages to only California approved programs did not violate the preemption clause of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1144 (a). Associated Builders and Contractors v. Curry, 797 F.Supp. 1528 (N.D.Cal.1992). Appellants appeal the district court’s grant of summary judgment.

After the district court’s decision, we held in Dillingham Constr. N. A., Inc. v. County of Sonoma that ERISA preempts the enforcement of California’s prevailing wage law against apprenticeship programs that have not received state approval. 57 F.3d 712 , 719 (9th Cir.1995). Dillingham prevents the application of California’s prevailing wage law to discriminate between programs on the basis of state approval. Id.

For this reason, we VACATE the decision…