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Supreme Court justices sided with military reservists in saying the government must pay federal employees at their civilian salary rate when called to active duty.
In an opinion by Justice Neil Gorsuch on Wednesday, the court said the Reservists Pay Security Act broadly requires higher civilian pay when reservists are called up during a national emergency.
The justices crossed ideological lines in the 5-4 ruling. Justices Clarence Thomas, Samuel Alito, Elena Kagan, and Ketanji Brown Jackson dissented.
The case was brought by Nick Feliciano, who worked as a civilian air traffic controller before being called to active duty in 2012 and voluntarily extending his service until 2017.
Though he did the same job for the Coast Guard during involuntary and voluntary active duty service, the Transportation Department only paid him his higher civilian salary during the involuntary service. He was paid the lower reservist salary for the voluntary period.
The ruling could affect some 200,000 service members, or about 20% of all reservists employed by the federal government. Pay for reservists can often be substantially less than what they make in their civilian jobs.
The case is Feliciano v. Department of Transportation, U.S., No. 23-861.
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US Supreme Court Backs Reservists in Active Duty Pay Dispute – Bloomberg Law News
