Reservists Filed Lawsuit for Unpaid Differential Pay
Five military reservists are seeking back pay for federal service from the Departments of Defense, Justice, and Veterans Affairs.
Updated on Sept. 23, 2026 in Military Jobs
Live Poll
Should federal agencies be held strictly accountable for failing to pay mandatory employee compensation?
Five military reservists have filed a class action lawsuit with the Merit Systems Protection Board to recover unpaid differential pay. The plaintiffs argue they are owed compensation for active duty service during declared national emergencies dating back to 2009.
Why it matters
The lawsuit contends that the government failed to pay the difference between civilian and military salaries for employees serving on active duty. This action follows a 2025 Supreme Court ruling that affirmed the entitlement of federal employees to such differential pay.
The lawsuit represents five plaintiffs seeking compensation for active duty service dating back to 2009, contrasting with the six-year statute of limitations typically applied by the Court of Federal Claims.
The players
John Mezzanotte
He is a named plaintiff in the class action who serves in New Jersey and had his request for differential pay denied by the Department of Justice.
Merit Systems Protection Board
This is an independent federal agency that serves as the venue for the current class action lawsuit filed by the reservists.
Department of Justice
This is a federal executive department that is among the agencies being sued for allegedly failing to provide required differential pay.
The details
The complaint targets the Departments of Defense, Justice, and Veterans Affairs for failing to bridge the salary gap during military deployments. Plaintiffs argue these claims should be exempt from standard statute of limitations due to the nature of the Uniformed Services Employment and Reemployment Rights Act.
Timeline
The lawsuit seeks to recover unpaid compensation dating back to 2009.
Named plaintiffs began serving on active duty as early as 2016.
The Supreme Court ruled on differential pay eligibility in April 2025.
The Department of Justice denied a specific pay request from John Mezzanotte on August 19, 2026.
Two plaintiffs are expected to remain on active duty through September 30, 2026.
Market Landscape
This litigation follows the precedent set by the 2025 Supreme Court ruling in Feliciano v. Department of Transportation regarding federal employee pay rights. The case directly challenges existing compensation policies at major federal agencies, potentially impacting long-term labor costs and administrative compliance.
Current and former federal employees who served on active duty may be affected by the outcome of this litigation if it forces a change in how differential pay is administered. The case could lead to significant back-pay disbursements for eligible service members previously denied funds.
The takeaway
This case highlights the ongoing legal complexities surrounding military service and civilian employment benefits for federal workers. Employees should monitor the Merit Systems Protection Board rulings to understand how their own service records might qualify for retroactive pay adjustments.
Further reading
Learn more about federal service compensation by visiting the Military Jobs section.
Live Poll
Should federal agencies be held strictly accountable for failing to pay mandatory employee compensation?
