Allocation of Net Fund. The Named Plaintiff and all Potential Opt-In Plaintiffs shall be allocated a portion of the Net Fund pursuant to the following allocation formula:
(a) The Named Plaintiff and Potential Opt-In Plaintiff shall be assigned: one (1) point for each week worked as a Potential Opt-In Plaintiff anywhere in the United States at any time during the Covered Period. The calculation of all workweeks pursuant to this Paragraph shall be based on the Collective Database.
(b) To calculate the Named Plaintiff’s and Potential Opt-In Plaintiff’s
(i) Add all points for the Named Plaintiff and each Potential Opt-In Plaintiff to obtain the <Total Denominator;=
(ii) Divide the number of points for the Named Plaintiff and each Potential Opt-In Plaintiff by the Total Denominator to obtain the Named Plaintiff’s and each Potential Opt-In Plaintiff’s <Portion of the Net Fund.=
(c) Multiply the Named Plaintiff’s and each Potential Opt-In
Allocation of Net Fund. The Net Fund shall be allocated for the following payments:
1. Initial Distributions from the Net Fund:
a. $700,270 as PAGA penalties, to be distributed $525,202.50 (75%) to the LWDA and $175,067.50 (25%) to the Certified Subclass Members.
i. Each Certified Subclass Member’s share of this $175,067.50 payment shall be based on the calculations submitted by McDonald’s expert Xxxx Xxxxx and accepted by the Court in its Statement of Decision, which cover the period March 13, 2013 to February 28, 2017.
b. $55,471 in back pay, to be distributed to the Certified Subclass Members based on the calculations submitted by McDonald’s expert Xxxx Xxxxx and accepted by the Court in its Statement of Decision, which cover the period March 13, 2013 to February 28, 2017.
c. An additional sum as back pay for those Certified Subclass Members who, according to McDonald’s records, worked an overnight shift between March 1, 2017 and July 6, 2017, followed by a shift that began on the same calendar day that the overnight shift ended and who were not paid for all time worked in excess of eight hours in a 24-hour period using the 4 a.m. start-of-workday adopted by the Court in its Statement of Decision. This additional sum shall be distributed to the affected Certified Subclass Members based on the number of overtime hours for which the Certified Subclass Member was not paid during that period and that Certified Subclass Member’s corresponding overtime rate pursuant to Labor Code §510.
d. Simple interest shall be added to each Certified Subclass Member’s back pay amounts in Paragraphs V.C.1.b and c at a rate of 10% from the date of each instance of unpaid overnight overtime through the date of preliminary approval.
2. Eighty percent (80%) of the Net Fund remaining after the Initial Distributions in Paragraph V.C.1 shall be allocated for payments associated with Class Members’ non-PAGA claims (“Non-PAGA Payment”). The Non-PAGA Payment shall be allocated as follows:
a. Forty percent (40%) to Class Members for back pay and interest associated with alleged missed, late, and/or shortened meal periods and rest breaks, to be distributed to Class Members based on the number of weeks worked by that Class Member between the beginning of the Class Period and the Release Date.
b. Ten percent (10%) to Class Members for back pay, expenses, interest, and liquidated damages associated with the Class Members’ alleged time and expense of maintaining their work uniforms, to be distributed to Class Mem...
Allocation of Net Fund. The Settlement Administrator shall compute the Individual Settlement Payments for all Class Members pursuant to the following allocation formula:
(a) For each hour worked by a Class Member outside of California before October 21, 2017 but within the applicable Covered Period, assign each such Class Member one (1) point for each such hour, as consideration for settling state law breach of contract claims;
(b) For each hour worked by a Class Member in California between October 21, 2016, and October 21, 2017, in a Snow Position during the applicable Covered Period, assign each such Class Member thirty (30) points for each such hour; for each hour worked by a Class Member in California between October 21, 2016, and October 21, 2017, in a Non-Snow Position during the applicable Covered Period, assign each such Class Member fifteen (15) points for each such hour, as consideration for settling state law breach of contract claims and unfair competition claims;
(c) For each hour worked (i) by a Class Member in California between October 21, 2017 and December 15, 2021, or in Colorado between October 21, 2017, and October 23, 2021, in a Snow Position during the applicable Covered Period, assign each such Class Member sixty (60) points for each such hour; (ii) for each hour worked by a Class Member in California between October 21, 2017 and December 15, 2021, or Colorado between October 21, 2017, and October 23, 2021, in a Non-Snow Position during the applicable Covered Period, assign each such Class Member thirty (30) points for each such hour; (iii) for each hour worked by a Class Member outside of California or Colorado between October 21, 2017, and October 23, 2021, in a Snow Position during the applicable Covered Period, assign each such Class Member thirty (30) points for each such hour; (iv) for each hour worked by a Class Member outside of California or Colorado between October 21, 2017, and October 23, 2021, in a Non-Snow Position during the applicable Covered Period, assign each such Class Member fifteen (15) points for each such hour, as consideration for settling their state law claims and federal Fair Labor Standards Act (FLSA) claims;
(d) Add all points for all Class Members together to obtain the “Denominator”;
(e) Divide the number of points for each Class Member by the Denominator to obtain each Class Member’s “Payment Ratio”;
(f) Multiply each Class Member’s Payment Ratio by the Net Fund to determine his or her Individual Settlement Payment.
Allocation of Net Fund. The Named Plaintiff and all Potential Opt-In Plaintiffs shall be allocated a portion of the Net Fund pursuant to the following allocation formula:
(a) The Named Plaintiff and each Potential Opt-In Plaintiff employed by Equitable anywhere in the United States shall be assigned one (1) point for each week worked as an FP during the Covered Period.
(b) The calculation of all workweeks pursuant to paragraph (a) above shall be based on Equitable’s business records.
(c) To calculate the Named Plaintiff and each Potential Opt-In Plaintiff’s
(i) Add all points for each Named Plaintiff and Potential Opt- In Plaintiff together to obtain the “Total Denominator”;
(ii) Divide the number of points for each Named Plaintiff and Potential Opt-In Plaintiff by the Total Denominator to obtain each Named Plaintiff and Potential Opt-In Plaintiff’s “Portion of the Net Fund.”
(d) Multiply each Named Plaintiff or Potential Opt-In Plaintiff’s Portion of the Net Fund by the Net Fund to determine such individual’s “Potential Gross Settlement Payment.” The sum of the Potential Gross Settlement Payments for the Named Plaintiff and Potential Opt-In Plaintiffs shall equal the Net Fund. The individual Notices sent to the Named Plaintiff and Potential Opt-In Plaintiffs will reflect the individual recipient’s Potential Gross Settlement Payment. The Potential Gross Settlement Payments will be paid only to the Qualified Claimants. Any Potential Gross Settlement Payments allocated to Potential Opt-In Claimants who do not become Qualified Claimants
Allocation of Net Fund. All Named Plaintiffs and Putative Collective Members shall be allocated a payment from the Net Fund pursuant to the following allocation formula:
a. Each Named Plaintiff and Putative Collective Member shall be assigned four (4) points for each week worked as a CSR during the FLSA Covered Period in which they worked more than 38 hours according to PNC’s time records, two (2) points for each week in which they worked 36-37.9 hours according to PNC’s time records, and one (1) point for each week in which they worked 35.9 or fewer hours according to PNC’s time records. Any weeks of job-protected leave pursuant to the Family and Medical Leave Act or similar statutes shall be credited to the Named Plaintiffs and Putative Collective Members as required by law.
b. The calculation of all workweeks and hours worked pursuant to paragraph (a) above shall be based on PNC’s business records.
c. To calculate each Named Plaintiff’s and Putative Collective Member’s proportionate share of the Net Fund, the Settlement Claims Administrator shall:
(i) Add all points for each Named Plaintiff and Putative Collective Members together to obtain the “Total Denominator”;
(ii) Divide the number of points for each Named Plaintiff and Putative Collective Member by the Total Denominator to obtain each Named Plaintiff’s and Putative Collective Member’s “Portion of the Net Fund.”
(iii) Multiply each Named Plaintiff’s and Putative Collective Member’s Portion of the Net Fund by the total amount of the Net Fund to determine each Named Plaintiff and Putative Collective Member’s Individual Payment. The sum of the Individual Payments for all Named Plaintiffs and Putative Collective Members shall equal the Net Fund. Each Named Plaintiff and Putative Collective Member shall be advised of his/her respective Individual Payment in such person’s Notice Packet.
d. The Individual Payments shall be paid to the Qualified Claimants. Any amounts of the Net Fund not claimed by a Qualified Claimant shall revert to PNC.
Allocation of Net Fund. All Named Plaintiffs and Qualified Claimants shall be allocated a payment from the Net Fund pursuant to the following allocation formula:
a. Each Named Plaintiff and Qualified Claimant in the “Regular Rate of Pay” Collective shall be assigned (.05) point for each week worked as a Chemical Operator during the FLSA Covered Period in which they worked forty (40) or more hours according to Defendants’ time records.
b. Each Named Plaintiff and Qualified Claimant in the “Donning/Xxxxxxx” Collective shall be assigned (1) point for each week worked as a Chemical Operator during the FLSA Covered Period in which they worked forty (40) or more hours according to Defendants’ time records.
c. Each Named Plaintiff and Qualified Claimant in the “Donning/Xxxxxxx” Collective shall be assigned (0.1) additional point to each workweek as a Chemical Operator during the FLSA Covered Period in which they worked forty (40) or more hours according to Defendants’ time records at any of the following facilities to account for longer donning/xxxxxxx times:
1. Atlas Road, Ohio;
2. Xxxxxxx City, Kentucky;
3. Freetown, Massachusetts;
4. Calumet City, Illinois; 5. Philadelphia, Pennsylvania; 6. Neville, Pennsylvania; and 7. Xxxx, West Xxxxxxxx.
d. Each Named Plaintiff and Qualified Claimant in the “Donning/Xxxxxxx”
1. Los Angeles, California;
2. Xxxxxxx City, Kentucky;
3. Freetown, Massachusetts;
4. Calumet City, Illinois; 5. Philadelphia, Pennsylvania; and
