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BIGGS v. WILSON

Nos. 92-15334, 92-15936.

1 F.3d 1537 (1993)

William BIGGS, et al., Plaintiffs-Appellants-Cross-Appellees, v. Pete WILSON, Governor; Kathleen Brown, Treasurer; Gray Davis, Controller, et al., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 12, 1993.

Attorney(s) appearing for the Case

Joe R. McCray and Roberta D. Perkins, Joe R. McCray, a Law Corp., San Francisco, CA and Cathy A. Neff, Deputy Atty. Gen., Sacramento, CA, for plaintiffs-appellants-cross-appellees.

Christopher W. Waddell, Chief Counsel, Dept. of Personnel Admin., Sacramento, CA, for defendants-appellees-cross-appellants.

Gary M. Messing and Cathleen Williams, Carroll, Burdick & McDonough, Sacramento, CA, for amicus curiae California Correctional Peace Officers Ass'n, et al.

Craig Becker, U.C.L.A. Law School, Los Angeles, CA, for amicus curiae Service Employees Intern. Union, AFL-CIO.

Before: REINHARDT, TROTT, and RYMER, Circuit Judges.

RYMER, Circuit Judge:

This appeal requires us to decide whether California violated the minimum wage provisions of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-19, by paying wages 14-15 days late because there was no state budget, and thus no funds appropriated for the payment of salaries, on payday. The district court granted a summary judgment declaring that the failure to issue paychecks promptly when due violated the FLSA. We agree, and hold...

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