Biggs v. Wilson
Court of Appeals for the Ninth Circuit
1Opinion of the Court
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 that under the FLSA wages are “unpaid” unless they are paid on the employees’ regular payday.
I
Payday in this case — July 16,19901 — came…
2Cases cited27 opinions
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Udall v. TallmanSupreme Court of the United States · 1965
- Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
- Gregory v. AshcroftSupreme Court of the United States · 1991
- New York v. United StatesSupreme Court of the United States · 1992
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- Samson v. Apollo Resources, Inc.Court of Appeals for the Fifth Circuit · 2001
- White v. DavisCalifornia Supreme Court · 2003
- Alexis M. Herman, Secretary of Labor, United States Department of Labor v. Fabri-Centers of America, Inc.Court of Appeals for the Sixth Circuit · 2002
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