Does a plaintiff’s allegation that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he was a potential class member, sufficiently constitute being “about to testify” in an FLSA proceeding, such that the former employer’s actions in prohibiting the plaintiff from working for its subsidiary might constitute unlawful retaliation under the Act?
Yes, according to the U.S. Court of Appeals for the Third Circuit in a September 14, 2022 decision.
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