Stanley Forman Reed

“ An argument against the interpretation which we give to 'service performed' is the contrary ruling of the governmental agencies which are charged with the administration of the Social Security Act. Their competence and experience in this field command us to reflect before we decide contrary to their conclusion. ”

“ It is also true that in requiring reparation to the employee through 'back pay' that reparation is based upon the loss of wages which the employee has suffered from the employer's wrong. 'Back pay' is not a fine or penalty imposed upon the employer by the Board. Reinstatement and 'back pay' are for the 'protection of the employees and the redress of their grievances' to make them 'whole.' Republic Steel Corp. ”

“ An employee under the Social Security Act is not specifically defined but the individual to whom the Act's benefits are to be paid is o e receiving 'wages' for 'employment' in accordance with § 210 (c) and employment is service by an 'employee' to an 'employer.' Obviously a sharply defined line between payments to employees which are wages and which are not is essential to proper administration. ”

“ A worker is not given 'back pay' by the Board equal to what he would have earned with the employer but for the unlawful discharge but is given that sum less any net earnings during the time between discharge and reinstatement. ”

“ The decisions of this Court leave no doubt that a man's time may, as a matter of law, be in the service of another, though he be inactive. E.g., Armour & Co. v. Wantock, 323 U.S. 126, 65 S.Ct. 165. This is, practically speaking, the ordinary situation of employment in a 'stand-by' capacity. ”