Can the Missouri Law or an Action to Enforce it be Preempted by ERISA, NLRA or Davis-Bacon?
If a Missouri Prevailing Wage Law claim is preempted by federal law, this may prevent the general contractor from being sued for delinquencies of a subcontractor. For example, the recent decision by the Washington Court of Appeals in Ironworkers District Council of the Pacific Northwest v. Woodland Park Zoo Planning and Development38 reiterates that a fringe benefit fund’s collection suit must be based on a written contract signed by defendant and is governed by ERISA.39 Therefore, it may be argued that benefit fund trustees have no basis for a lawsuit against the general contractor or his surety under § 290.300, RSMo, for deficiencies of a subcontractor. See cases cited at note 20. Although the union could sue for wages due the employees represented by it, the union or the employees who have a collective bargaining agreement with the subcontractor will be required to use the grievance procedure to establish their claim against the subcontractor. Some cases discussed below would find p
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