This is a collective and class action suit on behalf of employees of Pegasus Trucking LLC for failure to pay wages and overtime, and unlawful payroll card use in violation of the FLSA and Electronic Fund Transfer Act.

The Plaintiffs initially accepted employment as non-exempt hourly “merchandizers” to be paid an hourly rate of $10.00. Records from the company’s “clocking devices” indicate that clock-in and clock-out time entry results were systematically manipulated to shorten hours worked, perhaps to achieve company-mandated “labor budget” goals and projections. As a result of this policy, Plaintiffs were paid less than half the federal and state minimum wage per hour worked. Plaintiffs also alleged that the payroll card system used was unlawful pursuant to  Nevada Administrative Code (NAC) 608.125(2), whereby “an employer may use an electronic system… as an alternative location of payment if… the use of an electronic payment system is optional at the election of the employee.”  Defendants did not give employees an option. Plaintiffs also alleged the fee charged for using the payroll card resulted in employees receiving a lesser rate than what they were promised.

In 2023, Defendant stopped participating in the litigation of the case, and Plaintiffs filed for Default Judgment in June 2024.  The Defendants have no assets. The Default Judgment will be renewed through the Court and the State of California and will appear in any business searches for credit or otherwise unless paid.

Photo by Nick de Partee