Retaliation Due to Lawsuit

Can my boss investigate and discipline me based on my testimony in an overtime lawsuit?

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


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I worked for a retailer and was a Plaintiff in a class action for unpaid overtime wages. Hayber, McKenna & Dinsmore did an amazing job of getting our unpaid overtime back to us. Every one at the firm that I dealt with through that process was wonderful to work with. I appreciate all they did for us more than you will ever know.
- L. LeHeup, Georgia