II In Biggs v. Wilson, 1 F.3d 1537 (9th Cir. 1993), cert. denied, — U.S. -, 114 S.Ct. 902, 127 L.Ed.2d 94 (1994), a case involving the 1990 California budget impasse, the Ninth Circuit held that the State violated the FLSA, 29 U.S.C. § 206(b), by making payments to State highway maintenance workers that were up to 15 days late. The court found it impossible to distinguish between late payment and nonpayment of minimum wages for purposes of determining whether an employer has violated the FLSA. Biggs, 1 F.3d at 1540-41. The court held that “payment of minimum wages is late if not done on payday.” Id. at 1543. It is undisputed that the State is plaintiffs’ “employer” for purposes of the FLSA. See Bonnette v. California Health and Welfare Agency, 704 F.2d 1465, 1470 (9th Cir.1983) (<HOLDING>). It also is undisputed that the State failed
holding agencies of state government are part of the state for purposes of sovereign immunity holding that state administrative departments and agencies are within cerclas definition of state under  107a4 and declining to reach the question whether a municipality is the state under that provision holding that under the flsas liberal definition of employer the state welfare agencies are the employers of ihss providers holding that state agencies are treated as states under the eleventh amendment recognizing that state agencies which are independent of the state are citizens of the state