Tens of thousands of federal civilian employees serve as military reservists. When these dedicated public servants are called to active duty during a national emergency, they have often been paid less than they would earn in their civilian jobs.
To address this, Congress passed the Reservist Pay Security Act to ensure that federal employees can serve as reservists without sacrificing their financial stability.
The law is explicit: if a reservist is called to active duty during a national emergency, the federal government must match what the reservist would have earned as a civilian.
Earlier this year, the Supreme Court’s decision in Feliciano v. Department of Transportation made clear that reservists are entitled to this differential pay without needing to prove that their service has a substantive connection to a national emergency.
Despite this ruling, many federal agencies continue to deny differential pay to reservists what they are owed. A class action lawsuit has been filed seeking to represent potentially tens of thousands of federal workers who were denied meaningful earnings in differential pay – in violation of federal law.
The case is about ensuring basic fairness for those who serve our country. No one should lose income for serving their country in a time of heightened need – especially not dedicated public servants and veterans who are stepping up to serve again.
The lawsuit is seeking restitution for years of underpayment and to hold federal agencies accountable for following the law. The American Federation of Government Employees filed a brief in support of the reservists’ lawsuit against the government and encourages affected reservists to join the class action lawsuit so they can get the pay they are owed.
“This lawsuit is about making sure the federal government keeps its promise to the federal employees who serve their country as military reservists. No one who wears the uniform should be worried about paying their bills or caring for their family while on active duty, yet unfortunately some reservists have not received what they are owed,” AFGE National President Everett Kelley said.
It doesn’t cost anything to join this class action. Reservists can learn more about this case and opt into it at militarydiffpay.com.
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