The Fair Labor Standards Act ("FLSA") prohibits retaliation by an employer or "any person acting directly or indirectly in the interest of an employer in relation to an employee." 29 U.S.C. §§ 203(d), 215(a)(3), 216(b). Section 216(b) only authorizes private civil actions to claims against an "employer." The questions presented are:

1. Whether 29 U.S.C. § 216(b) authorizes a private retaliation action against a person that did not employ the plaintiff?

2. Whether the FLSA authorizes adjudication of a time-barred misclassification claim to establish "employee" status for the secondary purpose of pursuing a third-party retaliation claim against a non-employer?

Whether 29 U.S.C. § 216(b) authorizes a private retaliation action against a person that did not employ the plaintiff, and whether the FLSA authorizes adjudication of a time-barred misclassification claim to establish employee status for pursuing a third-party retaliation claim against a non-employer