Calculation of Settlement Awards a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement Administrator. Selden’s will provide data to the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain the total wages paid by Xxxxxx’x for work in the State of Washington to each Settlement Class Member during the Settlement Class Period. The Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, or Court order.
b. The Settlement Administrator shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Dollars ($50.00). The remaining amounts from the Class Fund will be allocated to individual Settlement Class Members pro rata by dividing each Settlement Class Member’s total wages paid by Xxxxxx’x during the Settlement Class Period by the total aggregate wages paid to all Settlement Class Members and then multiplying the resulting ratio by the remaining amounts in the Class Fund.
c. The Settlement Administrator shall provide Selden’s and Class Counsel with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x and Class Counsel shall have ten (10) days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.
Calculation of Settlement Awards a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by Class Counsel based on the Class Member Data. Prior to or immediately following execution of this Agreement, Defendants shall provide Class Counsel with a sworn affidavit attesting that the Class Member Data is complete and accurate and includes all Proposed Class Members to the best of Defendants’ knowledge and ability. Class Counsel and the Settlement Administrator shall maintain the Class Member Data as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law or Court order.
b. Class Counsel shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Settlement Class Members will be paid a pro rata share of the Class Fund based on Class Counsel’s calculations, which take into account the manner in which the Settlement Class Member was paid (hourly or piece rate), whether and to what extent the Settlement Class Member was subject to automatic time deductions for meal periods and other breaks, the actual or functional (for piece rate workers) hourly rate paid to the Settlement Class Member, and the number of potential meal periods and/or rest breaks by each Settlement Class Member as compared with the hourly rates and number of potential meal periods and/or rest breaks worked by all Settlement Class Members.
c. Class Counsel shall provide Defendants and the Settlement Administrator with an electronic report setting forth the results of their calculation of the gross Settlement Awards for
Calculation of Settlement Awards. Each Class member shall be entitled to a proportional share of the Net Settlement Fund. Proportional share calculations shall be based on the proportional value of the claim as determined by Class Counsel in good faith and based on the analysis performed by their retained experts and the number of workweeks each class member worked for Defendants during the relevant time period. Class Counsel shall calculate the final gross Settlement Award for each Settlement Class Member, allocating any Net Settlement Fund amounts made available by opt-outs proportionately to Settlement Class Members. Settlement Class Members shall not be required to complete a claim form in order to share in the Net Settlement Fund. A check representing each Settlement Class Member’s Settlement Award shall be mailed to that member in accordance with the terms of this Settlement Agreement.
Calculation of Settlement Awards. Each Qualified Claimant shall be entitled to a proportional share of the Net Class Fund, and this share shall be calculated as the number of weeks worked by that claimant from January 31, 2013 to March 21, 2018 divided by the total number of weeks worked by all Qualified Claimants during that same period. Gross settlement awards for each Qualified Claimant will be calculated by the Settlement Administrator (and subject to approval of Class Counsel) after the Notice Deadline in accordance with Section II.C.2 above. The Settlement Administrator shall provide Class Counsel and Defendants with an electronic report setting forth the results of these calculations within twenty-one days after the Notice Deadline. Class Counsel shall have seven days after receiving this electronic report to review the gross Settlement Award calculations for Qualified Claimants for compliance with the terms of this Agreement and to submit any concerns of corrections to the Settlement Administrator.
Calculation of Settlement Awards. For purposes of calculating the aggregate proportional share of the Class Fund for each member of the Settlement Classes and thus determining the Settlement Award to be paid to that member, the Class Fund will be allocated as follows:
a. Each member of the Breaks and Standby Time Class shall be entitled to a proportional share of 45.7 percent of the Class Fund, and this share shall be calculated as the number of weeks worked by that member from December 19, 2009 to July 1, 2012 divided by the total number of weeks worked by all members of the Breaks and Standby Time Class during that same period.
b. Each member of the Prevailing Wage Class shall be entitled to a proportional share of 54.3 percent of the Class Fund, and this share shall be calculated as the number of weeks worked by that member from December 19, 2009 to August 15, 2018 divided by the total number of weeks worked by all members of the Prevailing Wage Class during that same period. Class Counsel shall calculate the estimated gross Settlement Award for each member of the Settlement Classes in accordance with Section II.C.2 above. No later than ten days before the Initial Mailing Date, Class Counsel will produce a draft spreadsheet to Defendant to review these estimates for accuracy. Defendant will have three days to review the spreadsheet and provide any proposed revisions to Class Counsel. No later than five days before the Initial Mailing Date, Class Counsel will produce a final spreadsheet to Defendant and the Settlement Administrator setting forth those estimated Settlement Awards. The Settlement Administrator will provide an individualized estimated gross Settlement Award on the Notice sent to each member of the Settlement Classes. Members of the Settlement Classes shall not be required to complete a claim form in order to share in the Class Fund. Unless a member of the Settlement Classes elects to opt out of the settlement, a check representing each member’s Settlement Award shall be mailed to that member in accordance with the terms of this Settlement Agreement.
Calculation of Settlement Awards. The Settlement Administrator will calculate each Settlement Class member’s Settlement Award based on the following formula:
Calculation of Settlement Awards. The initial calculations for the Settlement Awards for Eligible Class Members will be based on the damages computations of Class Counsel, with each Eligible Class Member being awarded a proportionate share of the Class Fund. These proportionate shares shall be computed using one of the damages scenarios computed by Class Counsel; the specific damages scenario to be used shall be selected by Plaintiffs and Class Counsel and shall be disclosed to the Superior Court and the Settlement Class as part of the Settlement approval process. Plaintiffs and Class Counsel shall be responsible for apprising the Bankruptcy Court and the Settlement Administrator of the proportionate shares of the Class Fund in total damages to be awarded to each Eligible Class Member, including the proportionate shares of the wages earned by Eligible Class Members within 180 days of Defendant’s cessation of operations.
Calculation of Settlement Awards. The initial calculations for the Settlement Awards for Settlement Class Members will be based on the damage computations of Class Counsel, with each Settlement Class Member being awarded a proportionate share of the Class Fund. The damage computations will be based on the information provided in the above sub-section 1, including the time and payroll records provided by Defendants to Plaintiffs, as well as information gained directly by Class Counsel from Plaintiffs and Settlement Class Members concerning their working hours, duties, and potential missed breaks and off the clock work. Class Counsel shall provide Defendants and the Settlement Administrator with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members thirty (30) days prior to the Settlement Administrator’s deadline to disburse awards to Settlement Class Members as set forth below.
Calculation of Settlement Awards. Within seven (7) calendar days of the Effective Date, the Settlement Administrator will calculate Settlement Award amounts, as well as the amount of the employer’s share of payroll taxes due on the wage portion of the Settlement Awards, and provide the same to counsel for review and approval.
Calculation of Settlement Awards a. Subject to approval by the District Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by Class Counsel based on records that have been provided to Class Counsel by Defendant, which records are presumed to be accurate. Defendant has already provided the records to Class Counsel that are reasonably necessary for the calculation of the Settlement Awards.
b. Class Counsel shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Settlement Class Members will be paid a pro rata share of the Class Fund, after first subtracting the Service Award and the Settlement Administration Expenses Award actually awarded by the Court from the Class Fund, based on Class Counsel’s damages calculations, which take into account the hourly rates and hours worked by each Settlement Class Member compared to the hourly rates and hours worked by all Settlement Class Members. Class Counsel shall calculate the Settlement Awards based on the data JBS has provided. If any Proposed Class Member timely and validly opts out of the Settlement, as described below, his or her share will be added to the Class Fund and the individual Settlement Awards will be recalculated.
