UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

MUSA MOYLAMOV and OZGUR ARMUTCUOLU 

a/k/a OZGUR ULAS, on behalf of themselves and 

similarly situated individuals,

Plaintiffs,

v.

US WAY EXPRESS INC., VICTOR TRACHUK, and 

IVAN PROTSYUK,

Defendants.

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Case No. _______________

ANSWER

NOW COME Plaintiffs, MUSA MOYLAMOV and OZGUR ARMUTCUOLU a/k/a 

OZGUR ULAS, on behalf of themselves and similarly situated individuals (collectively 

“Plaintiffs”), by and through their attorneys, The Garbis Law Firm, LLC, and pursuant to 29 

U.S.C. § 201 et seq., commonly known as the Fair Labor Standards Act (“FLSA”), and 820 

ILCS § 105/1 et seq., commonly known as the Illinois Minimum Wage Law (“IMLW”), and 820 

ILCS § 105/1 et seq., commonly known as the Illinois Wage Payment and Collection Act

(“IWPCA”), and complains against US WAY EXPRESS INC. (“US Way”), VICTOR 

TRACHUK (“Trachuk”), and IVAN PROTSYUK (“Protsyuk and collectively with US Way and 

Trachuk, “Defendants”), states as follows:

NATURE OF THE CASE

1. This lawsuit arises under the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”), 

the Illinois Minimum Wage Law, 820 ILCS 105/1 et seq. (“IMWL”), and the Illinois Wage 

Payment and Collection Act (“IWPCA”) for Defendant’s failure to timely pay Plaintiffs and 

other similarly situated employees all of the wages that they earned including overtime wages for 

all time worked in excess of forty (40) hours in a workweek in violation of the FLSA and the 

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IMWL. For claims arising under the FLSA, Plaintiffs bring this suit as a collective action 

pursuant to Section 216(b) of the FLSA. For claims arising under the IMWL Plaintiffs seek to 

certify these claims as a class action pursuant to Fed. R. Civ. P. Rule 23(a) and (b). 

2. Upon information and belief, Defendants have failed to keep proper time records tracking 

Plaintiff’s time worked and have failed to post a notice of rights.

3. Defendants’ unlawful compensation practices have, and have had the effect of denying 

Plaintiff and other similarly situated Plaintiffs their earned wages.

4. The consent of Plaintiff MUSA MOYLAMOV to act as Class Representative in this 

Section 216(b) is attached as Exhibit A.

JURISDICTION AND VENUE

5. This Court has jurisdiction over Plaintiff’s FLSA claims pursuant to 28 U.S.C. §1331, 

arising under 29 U.S.C. §216(b). This Court has supplemental jurisdiction over Plaintiff’s state 

law claims pursuant to 28 U.S.C. §1367.

6. Venue is proper in this judicial district because Defendant maintains offices within this 

judicial district and the events giving rise to Plaintiff’s claims occurred in this judicial district.

THE PARTIES

Plaintiffs

7. Within the relevant time period each of the Plaintiffs has resided in and been domiciled 

within this judicial district in Illinois and has handled goods that have moved in interstate 

commerce. Each of the Plaintiffs has been an “employee” of Defendants in Illinois as that term 

is defined by the FLSA, 29 U.S.C. §201 et seq., the IMWL, 820 ILCS 115/3(d), and the IWPCA, 

820 ILCS 115/2.

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Defendants

8. Within the relevant time period, Defendant US Way has been a corporation organized 

under the laws of the State of Illinois. US Way has maintained offices and conducted business in 

Illinois and within this judicial district. As such, US Way has been an “enterprise” as defined by 

Section 3(r)(1) of the FLSA, 29 U.S.C. §203(r)(1), and is an enterprise engaged in commerce, 

within the meaning of Section 3(s)(1)(A). At all relevant times, US Way has had more than two 

(2) or more employees who have handled goods that moved in interstate commerce. 

9. Plaintiffs, and other similarly situated employees of Defendants, handled goods which 

they moved in interstate commerce.

10. Defendant US Way was Plaintiffs’ “employer” as that term is defined by the FLSA, 29 

U.S.C. §203(d), the IMWL, 820 ILCS 115/3(d), and the IWPCA, 820 ILCS 115/2.

11. Defendant Trachuk was the direct manager of Plaintiffs and was responsible for issuing 

payment to Plaintiffs and other similarly situated employees of US Way. On information and 

belief, Defendant Trachuk is involved in the day-to-day business operations and has the authority 

to hire and fire employees, the authority to direct and supervise the work of employees, the 

authority to sign on the business checking accounts, including payroll accounts, and has the 

authority to participate in decisions regarding employee compensation and capital expenditures.

12. Defendant Trachuk was Plaintiffs’ “employer” as that term is defined by the FLSA, 29 

U.S.C. §203(d), the IMWL, 820 ILCS 115/3(d), and the IWPCA, 820 ILCS 115/2.

13. Defendant Protsyuk is the president of US Way. On information and belief, Defendant 

Protsyuk is involved in the day-to-day business operations and has the authority to hire and fire 

employees, the authority to direct and supervise the work of employees, the authority to sign on 

the business checking accounts, including payroll accounts, and has the authority to participate in 

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decisions regarding employee compensation and capital expenditures.

14. Defendant Protsyuk was Plaintiffs’ “employer” as that term is defined by the FLSA, 29 

U.S.C. §203(d), the IMWL, 820 ILCS 115/3(d), and the IWPCA, 820 ILCS 115/2.

FACTUAL BACKGROUND

15. Defendants operate a transportation and trucking company in Schaumburg, Illinois.

16. Plaintiffs worked as drivers and dispatchers for Defendants, for approximately six months

preceding the filing of this lawsuit.

17. At the time of their termination, in March of 2019, Plaintiffs were earning $0.76 per mile 

driven while they were drivers and $18.75 per hour while they were dispatchers.

18. During the course of their employment, Plaintiffs and other similarly situated employees 

regularly worked in excess of forty (40) hours in individual workweeks.

19. Plaintiffs regularly worked six days a week for Defendants. Some weeks, Plaintiffs 

worked all seven days of the week for Defendants.

20. Plaintiff regularly worked between 60 and 70 hours per week for Defendant.

21. Other similarly situated employees also worked in excess of forty hours per week for 

Defendants.

22. By February of 2019, Defendants began falling behind paying Plaintiffs for the work that 

they performed by either not making any payment or sending checks to Plaintiffs that were 

returned as “Non-Sufficient Funds”.

23. Defendants also failed to pay Plaintiffs any overtime premiums at the rate of one and a 

half times their regular rate of pay for all time worked in excess of forty hours in individual work 

weeks.

24. On information and belief Defendants also failed to pay similarly situated employees for 

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all time worked in excess of forty hours per week at time at time and a half their regular rate of 

pay.

25. While driving for Defendants, Plaintiffs traveled thousands of miles across the United 

States. Plaintiffs drove trucks and trailers that were the property of Defendants. Plaintiffs 

incurred out-of-pocket costs for gas, lodging and repair of Defendants’ trucks and trailers. 

Plaintiffs would thereafter provide receipts and invoices to Defendants for reimbursement.

26. Defendants failed to properly reimburse Plaintiffs for these expenses by either not 

making a payment altogether or providing checks that were returned as insufficient funds.

27. Defendants’ failure to pay Plaintiffs and similarly situated employees their regular rates 

and their overtime rates at time and a half their regular rate of pay as well as reimbursing 

Plaintiffs for their out-of-pocket expenses violated the pay requirements of the FLSA and the 

IMWL.

CLASS ACTION ALLEGATIONS

28. Plaintiffs will seek to certify their state law claims arising under the IMWL for Illinoismandated overtime wages (Count II) and the IWPCA for Illinois-mandated earned wages (Count 

III) as a Rule 23 Class Action.

29. The Class is defined as all individuals employed by Defendants in Illinois from January 

1, 2018 up through the date of judgment.

30. Plaintiffs will ask the Court to determine the rights of the parties pursuant to the IMWL 

and the IWPCA and to direct Defendants to account for all hours worked and wages paid to the 

class members during the temporality of the class.

31. Counts II and III are brought pursuant to Fed. R. Civ. P. Rule 23(a) and (b) because: 

a. the class is so numerous that joinder of all members is impracticable. While the precise 

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number of Class Members has not been determined at this time, Plaintiffs are informed 

and believe that Defendants have employed over forty persons in Illinois during the 

IMWL and IWPCA Class Periods; 

b. There are questions of fact or law common to the class and subclass, which common 

questions predominate over any questions affecting only individual members. These 

common questions of law and fact include, without limitation: 

(i) Whether Plaintiffs and the Class were exempted from the provisions of the 

IMWL and the IWPCA; 

(ii) Whether Plaintiffs and members of the Class worked in excess of forty hours 

in individual work weeks during the Class period; and

(iii) Whether Defendants failed to pay Plaintiffs and the Class their regular rates 

during the IWPCA class period and their overtime rates at time and a half their 

regular rate of pay for all time worked in excess of forty (40) hours per individual 

work week during the IMWL class period.

c. The Class Representative and Class Members have been equally affected by 

Defendants’ failure to pay their proper wages; 

d. Class Members will be reluctant to bring forth claims for unpaid wages out of fear of 

retaliation; 

e. The Class Representative, Class Members and Defendants have a commonality of 

interest in the subject matter and remedies sought and the Class Representative is able to 

fairly and adequately represent the interest of the class. If individual actions were 

required to be brought by each member of the class injured or affected, the result would 

be a multiplicity of actions creating a hardship on the class members, Defendants and the 

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Court. 

32. Therefore, a class action is an appropriate method for the fair and efficient adjudication 

of this lawsuit.

COUNT I

Violation of FLSA

Plaintiffs on behalf of themselves and similarly situated individuals

33. Plaintiff incorporates and re-allege paragraphs 1 through 32 as though set forth herein.

34. This Count arises from Defendants’ violation of the FLSA for their failure to pay 

Plaintiffs their earned wages for their regular hours as well as their overtime hours at one and a 

half times their regular rate of pay for all time worked in excess of forty (40) hours in a work 

week.

35. Defendants directed Plaintiff to work, and Plaintiff did work, in excess of forty (40) hours 

in individual workweeks within the three (3) years prior to filing this lawsuit.

36. Other similarly situated employees were also directed to work in excess of forty (40) 

hours in individual workweeks within the three (3) years prior to filing this lawsuit.

37. Plaintiffs and similarly situated employees were not exempt from the overtime provisions 

of the FLSA.

38. Plaintiffs and similarly situated employees were entitled to be paid their regular wages as 

well as their overtime wages for all time worked in excess of forty (40) hours in individual 

workweeks.

39. Defendants did not pay Plaintiffs and similarly situated employees their wages for all 

time Plaintiffs worked both during their regular individual workweeks as well as in excess of 

forty (40) hours in individual workweeks.

40. Defendants did not pay Plaintiffs and similarly situated employees their out-of-pocket 

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expenses incurred by Plaintiffs to perform their duties of employment for Defendants, including 

but not limited to gas charges, lodging costs, and expenses incurred to maintain Defendants’ 

trucks and trailers.

41. Defendant’s failure to pay Plaintiff and the Class their properly earned wages and 

reimburse Plaintiffs and the Class for their out-of-pocket expenses was a violation of the FLSA.

42. Plaintiffs and the Class are entitled to recover all unpaid wages for up to three (3) years 

prior to the filing of this lawsuit because Defendants’ violation of the FLSA was willful.

WHEREFORE, Plaintiffs, MUSA MOYLAMOV and OZGUR ARMUTCUOLU a/k/a 

OZGUR ULAS, on behalf of themselves and similarly situated individuals, respectfully request 

the Court:

A. Determine that this action may be maintained as a collective action pursuant to 

the FLSA;

B. Enter judgment against Defendants, US WAY EXPRESS INC., VICTOR 

TRACHUK, and IVAN PROTSYUK, in an amount equal to all unpaid wages earned by 

Plaintiffs for both their regular rates that have not been paid and overtime rates for all 

work performed in excess of forty (40) hours in individual workweeks;

C. Award liquidated damages in an amount equal to the amount of all of the unpaid 

wages;

D. Declare Defendants in violation of the FLSA;

E. Enjoin Defendants from violating the FLSA;

F. Award reasonable attorneys’ fees and costs; and

G. Grant such additional or alternative relief as this Court may deem just and proper.

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COUNT II

Violation of IMWL

Plaintiffs on behalf of themselves and similarly situated individuals

43. Plaintiff incorporates and re-allege paragraphs 1 through 42 as though set forth herein.

44. This Count arises from Defendants’ violation of the IMWL for their failure to pay 

Plaintiffs and similarly situated employees time and a half their regular rate of pay for all time 

worked in excess of forty (40) hours in individual workweeks.

45. Defendants directed Plaintiffs to work, and Plaintiffs did work, in excess of forty (40) 

hours in individual workweeks within the three (3) years prior to filing this lawsuit.

46. Plaintiffs were not exempt from the overtime provisions of the IMWL.

47. Plaintiffs were entitled to be paid overtime wages for all time worked in excess of forty 

(40) hours in individual workweeks.

48. Defendants did not pay Plaintiffs overtime wages for all time worked in excess of forty 

(40) hours in individual workweeks.

49. Defendants likewise directed other similarly situated, non-exempt laborers to work in 

excess of forty (40) hours in individual work weeks and who were likewise entitled to be paid 

overtime wages for all compensable time worked in excess of forty (40) hours in individual 

workweeks.

50. Defendants did not pay other persons similarly situated overtime wages for all 

compensable time in excess of forty (40) hours worked in individual workweeks.

51. Defendants’ failure to pay Plaintiffs and other persons similarly situated overtime wages 

for all time worked in excess of forty (40) hours in individual workweeks was a violation of the 

IMWL.

52. Pursuant to 820 ILCS 105/12(a), Plaintiffs and members of the class are entitled to 

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recover unpaid overtime wages for three (3) years prior to the filing of this suit.

53. The Class that Plaintiffs seek to represent in regard to the overtime wage claim arising 

under the IMWL is composed of and defined as all individuals employed by Defendant in 

Illinois from January 1, 2018 and up through the date of judgment.

WHEREFORE, Plaintiffs, MUSA MOYLAMOV and OZGUR ARMUTCUOLU a/k/a 

OZGUR ULAS, on behalf of themselves and similarly situated individuals, respectfully request 

the Court:

A. Determine that this action may be maintained as a collective action pursuant to 

the IMWL;

B. Enter judgment against Defendants, US WAY EXPRESS INC., VICTOR 

TRACHUK, and IVAN PROTSYUK, in an amount equal to all unpaid wages earned by 

Plaintiffs for both their regular rates that have not been paid and overtime rates for all 

work performed in excess of forty (40) hours in individual workweeks;

C. Award liquidated damages in an amount equal to the amount of all of the unpaid 

wages;

D. Declare Defendants in violation of the IMWL;

E. Enjoin Defendants from violating the IMWL;

F. Award reasonable attorneys’ fees and costs; and

G. Grant such additional or alternative relief as this Court may deem just and proper.

COUNT III

Violation of IWPCA

Plaintiffs on behalf of themselves and similarly situated individuals

54. Plaintiff incorporates and re-allege paragraphs 1 through 53 as though set forth herein.

55. This Count arises from Defendants’ violation of the IWPCA for their failure to pay 

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Plaintiffs and similarly situated employees proper wages earned during the relevant time period 

worked for Defendants.

56. At any and all times relevant hereto, Defendants compensated their employees according 

to a weekly pay period. Accordingly, the IWPCA, 820 ILCS 115/4, mandates that all wages 

earned by Plaintiffs during any pay period were due not later than seven (7) days after the end of 

the pay period in which such wages were earned.

57. During the course of their employment with Defendants, Plaintiffs agreed with the 

Defendants, to be paid wages for all hours worked for Defendants.

58. The IWPCA, 820 ILCS 115/2, defines wages as “any compensation owed an employee 

by an employer pursuant to an employment contract or agreement between the 2 parties, whether 

the amount is determined on a time, task, piece, or any other basis of calculation.”

59. Defendants did not pay Plaintiffs proper wages for all hours worked as agreed to by the 

parties.

60. Plaintiffs were entitled to be compensated for all time worked as agreed between the 

Parties as well as the reimbursement of all expenses incurred by Plaintiffs in the course of their 

employment to Defendants.

61. The Class that Plaintiffs seeks to represent in regard to this claim against Defendants is 

composed of and defined as all persons who have been employed by Defendants and not 

properly paid wages and reimbursed expenses as agreed between the parties.

62. Defendants’ failure to pay Plaintiffs proper wages for all time worked violated the 

agreement between the two parties and therefore violated the IWPCA.

WHEREFORE, Plaintiffs, MUSA MOYLAMOV and OZGUR ARMUTCUOLU a/k/a 

OZGUR ULAS, on behalf of themselves and similarly situated individuals, respectfully request 

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the Court:

A. Determine that this action may be maintained as a collective action pursuant to 

the IWPCA;

B. Enter judgment against Defendants, US WAY EXPRESS INC., VICTOR 

TRACHUK, and IVAN PROTSYUK, in an amount equal to all unpaid wages earned by 

Plaintiffs as well as the reimbursement of Plaintiffs’ expenses;

C. Award liquidated damages in an amount equal to the amount of all of the unpaid 

wages;

D. Declare Defendants in violation of the IWPCA;

E. Enjoin Defendants from violating the IWPCA;

F. Award reasonable attorneys’ fees and costs; and

G. Grant such additional or alternative relief as this Court may deem just and proper.

Respectfully Submitted,

US WAY, INC.,

By: /s/ Dan E. Garbis

One of Its Attorneys

Dan E. Garbis #6257303

dgarbis@garbislawfirm.com

The Garbis Law Firm, LLC

7330 N. Cicero Ave.

Lincolnwood, Illinois 60712

(847) 982-9518

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EXHIBIT “A”

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NOTICE OF CONSENT TO BECOME A PARTY PLAINTIFF

IN A COLLECTIVE ACTION UNDER THE FAIR LABOR STANDARDS ACT

By signing below, I, Musa Moylamov, represent to the Court that I have been employed 

by US Way Express Inc. or one of its parents, subsidiaries, or affiliated companies within the 

prior three (3) years and in one or more workweeks was not paid all of the minimum wages

and/or overtime wages owed to me under the Fair Labor Standards Act, 29 U.S.C. 201, et seq.

Through this Consent, I authorize the filing and prosecution of this Fair Labor Standards Act

action in my name and on behalf of all persons similarly situated to me.

Musa Moylamov

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