Non-payment on payday is a FLSA violation

The federal ninth circuit has held that late payment of wages to an employee constitutes a minimum wage violation. Rother v. Lupenko, et al., Nos. 11-35922, 11-35953. (April 12, 2013). For purposes of the federal minimum wage requirement, late payment of wages after payday is a failure to comply with the minimum wage requirements of the FLSA. I'm pretty sure this result would be hard to replicate in the Fifth Circuit, and that a reasonable delay in payment would likely be a de minimis violation not subjecting the employer to a finding of a violation under the FLSA.