Supreme Court Clarifies Differential Pay Rule for Reservists Serving During National Emergencies

In a unanimous decision, the U.S. Supreme Court sided with a Coast Guard reservist and federal air traffic controller who served active duty “during” a national emergency—and held that yes, he’s owed differential pay. The federal government tried to argue that his service needed a direct link to the emergency (like escorting warships into battle), but the Court said nope.

The statute says “during,” and that means what it says: if you're on active duty while a national emergency is declared, that's enough. This is a big win for federal employees who double as reservists and a clear rebuke to the Federal Circuit’s convoluted “substantive connection” requirement. For litigators handling backpay, military leave, or federal employment disputes, this ruling simplifies what’s required to assert claims under 5 U.S.C. §5538.

Our litigation support team is ready to help you leverage it in discovery, motion practice, or administrative appeals.