The First Amendment right to petition generally protects employers who file good faith lawsuits against their employees, even if the lawsuits do not ultimately succeed.  Federal and state wage and hour laws generally prohibit employers from retaliating against employees who complain about wage and hour violations.  But what happens when an employer files a lawsuit seeking substantial damages from an employee who complains about a wage and hour violation?  Is that protected speech?  Or is it prohibited retaliation?