In 200 East 81st Restaurant Corp. d/b/a Beyoglu and Marjan Arsovski. Case 02–CA–115871 the NLRB ruled that a single FLSA plaintiff who brought a putative wage class-action lawsuit and then was fired, was able to bring a claim for protected and concerted activity. The employer had alleged wrongfully terminated the employee after he filed a claim for wages on behalf of himself and others under the FLSA. The NLRB found that:
“The Board has long held that the filing of a lawsuit by a group of employees is protected activity…. However, the Board has never been squarely presented with the question presented here: whether a single employee who files a lawsuit ostensibly on behalf of himself and other employees is engaged in protected concerted activity. We hold that he is…”