No. Any employee’s participation an a lawsuit for overtime pay under the Fair Labor Standards Act (FLSA) is legally protected activity. As such, an employer may not take action against you because of your participation, including your testimony at a deposition.
The Second Circuit Court of Appeals recently affirmed an order enjoining the NYPD from investigating officers who had joined an FLSA lawsuit for overtime pay. For a more detailed account of this case, see Attorney Hayber’s blog at www.ctemployeerightsblog.wordpress.com.