If you served on active duty in the military reserves while employed by the federal government and you did not receive differential pay for some or all of that service, you may have a claim for compensation.
For several years, attorneys at Terrell Marshall Law Group have been pursuing a case on behalf of federal employees who have served as reservists in the armed forces. In that case, Nordby v. Social Security Administration, the attorneys are seeking to recover “differential pay” on behalf of Plaintiff Evan Nordby and a proposed class of more than 900 SSA employees who have served on active duty in the reserves since 2009.
Passed by Congress in 2008, the differential pay statute provides that federal employees who take leave from their civilian jobs to perform active duty service during a national emergency are entitled to receive differential pay, which is the difference between their regular civilian salary and their military salary if the civilian salary is higher. The purpose of the statute is to encourage service in the reserves and to ensure that federal employees who perform such service do not lose income as a result.
Mr. Nordby’s case began in 2018 at the Merit Systems Protection Board (MSPB). The MSPB dismissed his case in 2021, and Terrell Marshall appealed that dismissal to the United States Court of Appeals for the Federal Circuit. Around the same time, the Federal Circuit decided another case, Adams v. Department of Homeland Security, and concluded that reservists were not entitled to differential pay “during a national emergency” unless there was some connection between the reservist’s service and the emergency at hand. Applying that case to Mr. Nordby’s appeal, the Federal Circuit affirmed the MSPB’s dismissal.
Mr. Nordby, along with two plaintiffs in similar cases, asked the United States Supreme Court to review his case and decide the meaning of the phrase “during a national emergency.” The United State Supreme Court agreed to review one of the related cases, Feliciano v. Department of Transportation, and on April 30, 2025, the Court held that federal employees called to active duty “during a national emergency” are entitled to differential pay even if there is no substantive connection between their service and the national emergency. On May 19, 2025, the Court vacated the Federal Circuit’s ruling in Mr. Nordby’s case in light of Feliciano and remanded the case to the Federal Circuit.
The Feliciano ruling will have substantial benefits for reservists who have served on active duty but did not receive differential pay.
If you served on active duty in the military reserves while employed by the federal government and you did not receive differential pay for some or all of that service, please complete THIS SURVEY and Terrell Marshall Law Group would be happy to do a free consultation to see whether you have a claim for compensation.