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Social Security Board v. Nierotko

327 U.S. 358 (1946)

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Social Security Board v. Nierotko

United States Supreme Court
327 U.S. 358 (1946)

Facts

After finding that Joseph Nierotko (plaintiff) was wrongfully terminated, the National Labor Relations Board ordered that he be reinstated and awarded back pay for the period of his unemployment. Nierotko then sought old-age and survivor’s-insurance benefits, which he would have received under the Social Security Act (the act) for wages earned during this same period. The Social Security Board (the board) (defendant) denied this request on grounds that back pay did not constitute wages earned because the act defined wages as “remuneration for employment” and employment as “any service . . . performed . . . by an employee for his employer,” and an award for back pay did not involve any service. The board relied on an administrative decision by the Internal Revenue Board that back-pay awards were not wages for certain tax purposes under the act. Nierotko brought suit in district court, seeking a determination that back-pay awards were wages. The district court upheld the board’s decision. The court of appeals reversed, holding that restricting wages to remuneration for services actually performed by an employee conflicted with the underlying purpose of the act to create economic stability for employees. The United Supreme Court granted writ of certiorari.

Rule of Law

Issue

Holding and Reasoning (Reed, J.)

Concurrence (Frankfurter, J.)

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