The District Court issued a preliminary injunction, and the State of Hawaii appealed to the 9th Circuit Court. Today the Appeals Court rejected the State's arguments. The contractual relationship between the state and the faculty bargaining unit, covering the timing of salary payments, is part of the collective bargaining agreement. Plaintiffs are wage earners, not volunteers. They have bills, child support obligations, mortgage payments, insurance premiums, and other responsibilities.
Plaintiffs have the right to rely on the timely receipt of their paychecks.
This decision reaches far beyond the one issue of payroll lag. For some time now the State of Hawaii has been threatening to impose a payroll lag on its public employees. This threat has caused grave concern and consternation among those employees. Recently, the members of our Bargaining Unit were all provided warning that such a lag would indeed be imposed. Secondly, even if the State wanted to make sure that its employees are not overpaid that problem does not exist in our Bargaining Unit.