Siuslaw Concrete Construction Co. v. State of Washington, Department of Transportation Federal Highway Administration

Siuslaw Concrete Construction Company (“Siuslaw”), appeals from the district court’s judgment that a Washington State statute, Wash.Rev.Code § 39.12.021, which provides a minimum wage rate for nonapprentice trainees on federally-funded highway construction projects higher than that allowed under federal statutes and regulations, is constitutional and is not preempted by federal law. We affirm.

BACKGROUND

The Federal-Aid Highways Program, 23 U.S.C. §§ 101-158 (1982) (as amended), provides federal funds to assist states in constructing and repairing highways; participation in the program is at the state’s option. After funds have been authorized by Congress and allocated among participating states by formula, each state submits a package of proposed projects to the Federal Highway Administration (“FHWA”), United States Department of Transportation (“USDOT”), which administers the program. Once the FHWA approves the state’s proposals, the state then puts the individual projects out for bid, selects a contractor, and signs a contract for the project.

By electing to participate in the program, the state agrees to comply, and to require its contractors to comply, with federal…