Linden, NJ asked in Employment Law for New Jersey

Q: put on leave of absence without pay during pandemic,collecting unemployment.Now offerred 2xlessto go back to work.Legal?

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1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
Answered

A: The Fair Labor Standards Act (the federal laws governing this situation) don't provide a lot of protection against this sort of issue. Under the FLSA, you need only be paid at least minimum wage for all hours of work you perform. So, while your situation sounds unfair, as long as you are still making at least minimum wage per hour, it is not unlawful.

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