Allocation of Net Settlement Amount. Consistent with the Claims Program, the Special Master shall have full and final authority to determine the amount to be paid to each Participating Class Member. The Claims Program shall take into account the location of the Residence and the zone in which the Residence is located relative to the location of the Facility and considering established predominant weather patterns, the nature of the Residence (i.e., whether it is a single-family or multi-family dwelling), the status of the Resident (e.g., whether a current or former owner or tenant), the number of Residents who have resided in each Residence over the entire Class Period, the duration and time period of residence of each Resident during the Class Period, and other special circumstances at the discretion of the Special Master, as well as the formula and considerations set forth in this section. The Parties establish following minimal parameters for distribution of the Net Settlement Amount to be considered by the Special Master is devising the Claims Program;
Allocation of Net Settlement Amount. The Net Settlement Amount is non-reversionary and will be fully allocated among the Settlement Class Members. Allocation will be based on the number of workweeks that each Settlement Class Member worked as well as each Settlement Class Member’s employment status (full-time or part-time). Each Settlement Class Member’s Settlement Share shall be calculated by first summing
Allocation of Net Settlement Amount. The Net Settlement Amount will be distributed 75% to the LWDA and 25% to the Aggrieved Employees and Reimbursement Aggrieved Employees, pursuant to Labor Code § 2699(i). The 25% portion to be paid to the Aggrieved Employees and Reimbursement Aggrieved Employees will be paid to all Aggrieved Employees and Reimbursement Aggrieved Employees as follows: 75% of that portion will be allocated to the Aggrieved Employees and paid to them based on the number of pay periods worked by each Aggrieved Employee during the PAGA Period in proportion to the pay periods worked by all Aggrieved Employees during the PAGA Period. 25% of that portion will be allocated to the Reimbursement Aggrieved Employees and paid to them based on the number of pay periods worked by each Reimbursement Aggrieved Employee during the Reimbursement PAGA Period in proportion to the pay periods worked by all Reimbursement Aggrieved Employees during the Reimbursement PAGA Period.
Allocation of Net Settlement Amount. After deduction of the amounts, if any, for the Cost and Fee Award, the Separate Awards, the PAGA Payment, and the Administration Costs, the remaining funds will be paid pro rata to each member of the Potential Collective Members. The pro-rata share of the Net Settlement Amount for each Potential Collective Member (“Settlement Payment”) will be determined by dividing the total number of overtime hours reflected in the Work Data for each Potential Collective Member by the total number of overtime hours reflected in the Work Data for all Potential Collective Members (the “Allocation Formula”). In no event shall a Potential Collective Member receive a Settlement Payment in an amount of less than $100.00 after applicable taxes. Settlement Payments shall be reduced by any required deductions for each Potential Collective Member, as set forth herein, including employee-side tax withholdings and deductions. The Settlement Administrator will report each Settlement Payment made to Participating Collective Member to the applicable state and federal government authorities, including the Internal Revenue Service, as required by law.
