Biggs

MEMORANDUM AND ORDER

This is an action to recover damages as well as declaratory and injunctive relief based on alleged violations of the Fair Labor Standards Act (FLSA). Jurisdiction is based on 28 U.S.C. § 1331 .

Plaintiffs are highway maintenance workers employed by the State of California, Department of Transportation (hereinafter Cal-Trans). As a result of the 1990 budget impasse plaintiffs were not paid on the scheduled payday, July 16, 1990. The State withheld the cheeks contending, under state law, that payroll checks could not be released for the fiscal year until a budget was approved by the Legislature and signed by the Governor. On July 28, 1990, the Legislature passed the 1990 budget. Former Governor Deukmejian signed the budget on July 31, 1990. CalTrans workers received their paychecks for the July 16 payroll, totalling $5,620,313.41, on July 30 and 31, 1990.

Both sides have moved for summary judgment under Fed.R.Civ.P. 56. In order for the court to grant either party’s motion there must exist no genuine issues of material fact and one of the parties must be entitled to judgment as a matter of law. Foster v. Areata Associates, Inc., 772 F.2d 1453, 1459 (9th…