Birden v. Rhay

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the “leave with pay” statutes in their purpose and effect prevent any reduction in the customary and regular pay of federal employees, including overtime pay under the FLSA to which they would be entitled, when such employees are on authorized leave
• characterizing the entitlement to court or military leave as a “contract between the government and its employees”
• “Buttressing [the conclusion that ‘pay with leave’ encompasses total remuneration normally and regularly received] is the fact that Congress has used more limited terms, rather than the generic term ‘pay,’ when it intended to refer to specific types of pay.”
• federal firefighters, while on military leave, are entitled to overtime compensation under federal statute authorizing “leave with pay” for military duty
• “[W]e conclude that ‘pay1 as used in the ‘leave with pay1 statutes has consistently been construed for more than a century as encompassing the total compensation or remuneration normally and regularly received by an employee.”
• “[W]e conclude that ‘pay1 as used in the ‘leave with pay’ statutes has consistently been construed for more than a century as encompassing the total compensation or remuneration normally and regularly received by an employee.”

Source: CourtListener parenthetical corpus (CC0).