Social Security Board v. Nierotko

Summary

The Court held that back pay awarded under the National Labor Relations Act is wages under the Social Security Act because it is remuneration arising from the continuing employer-employee relationship, even though the employee performed no productive work during the period of unlawful discharge. The Court further held that the back pay must be allocated to the periods when the wages would ordinarily have been paid, rather than solely to the date of actual payment. The Social Security Board's contrary interpretation exceeded permissible administrative authority, and the judgment below was affirmed. Justice Frankfurter, concurring, emphasized that enforced idleness may still constitute service and that the Board lacked unreviewable authority to exclude legally defined wages.