Plain-English summary
Court reverses Federal Circuit on reservist pay for civilian employees ordered to active duty
The Court reversed the Federal Circuit and remanded in Nick Feliciano v. Department of Transportation, holding that a federal civilian employee who is a reservist and ordered to active duty under an invocation of a presidential emergency may qualify for differential pay. The decision sends the case back for further proceedings consistent with the Court's analysis.
Why this matters
The decision affects whether and when federal civilian employees who are reservists can receive differential pay while on military duty. That pay can make up the gap between a civilian employee's federal salary and the military pay they receive while activated. The ruling clarifies how courts should evaluate eligibility when activation orders rely on a presidential emergency declaration, potentially increasing access to differential pay for affected workers.
Who may feel it
- Federal civilian employees who are members of the military reserve forces
- Federal agencies that employ reservists
- Reservists who are ordered to active duty under presidential emergency declarations
- Payroll and human-resources officials in the federal government
Key questions
- Whether a federal civilian employee called or ordered to active duty under orders that invoke a presidential emergency declaration qualifies for differential pay under the statute and regulations.