An NLRB panel, by a 2-1 vote in 200 E. 81st Rest. Corp., recently found that a restaurant server acting alone engaged in protected “concerted” activity when the server filed a lawsuit. The New York City restaurant allegedly fired a server for filing a putative collective action alleging violations of the minimum wage and overtime requirements of the Fair Labor Standards Act. Although nobody joined him in the lawsuit, the Board panel majority found that the legal claim was “concerted” because it was made, not only on behalf of the plaintiff, but also on behalf of unnamed others. This is yet another example of the expansive approach to “concerted” protected activity taken by the current Board and its administrative law judges.