Non-unionized construction groups appealed the dismissal of their case against the Attorney General, Labor Commissioner, and DIR Director, which challenged the constitutionality of an amendment to the State’s wage law. SB 954 allows employers who make payments to an “industry advancement fund” required by a CBA to receive prevailing wage credit, but employers who pay into industry advancement funds that are not required by a CBA do not receive the credit. The basis of the challenge is that industry groups in the second group who are raising funds to get their message out are not having their First Amendment rights protected. The Court of Appeal just heard oral argument earlier this week, but no decision has been made yet.
See here for more information: https://www.courthousenews.com/ninth-circuit-considers-challenge-to-prevailing-wage-law/.