The NLRB reopened a case last week concerning a Texas restaurant that fired a worker who filed a collective wage and hour lawsuit against them. The board’s initial decision found the restaurant guilty. However, they decided to revisit the case on the basis of a Supreme Court ruling in Epic Systems v. Lewis that said businesses can include mandatory arbitration provisions and class action waivers in employment contracts. The board voted to reopen the case in a 3-2 decision without a request from the restaurant, indicating that they want to reconsider whether an employer can fire or take disciplinary action against a worker for filing a class action lawsuit.
See "NLRB Might Strengthen Class Action Waivers", Hassan A. Kanu, Bloomberg BNA, August 22, 2018