Class Members’ Pro Rata Settlement Awards. Subject to approval by the Superior Court, the Class Fund shall be distributed to all Settlement Class Members, with each such member being entitled to an individual award representing that member’s pro rata share (“Settlement Awards”). Each Settlement Class Member’s pro rata share will be based on employment, time payroll information, and service charge information produced by Defendants, declarations and waivers signed by Settlement Class Members, and based on interviews of Settlement Class Members by Class Counsel, with a minimum payment of at least $25.
Class Members’ Pro Rata Settlement Awards. Subject to Superior Court and Bankruptcy Court approval, the Class Fund shall be distributed in full to all Eligible Class Members, with each such member being entitled to an individual award representing that member’s pro rata share. Each Eligible Class Member’s pro rata share will be based on employment, time and payroll information produced by RCKC. Plaintiffs and Defendant agree that a portion of the Class Fund, specifically $700,000, reflects wages that were earned by employees within 180 days before the date of the cessation of Defendant’s business and/or pay due at termination in lieu of notice. This agreement as to the value of such wages will be presented to the Bankruptcy Court and the other creditors no later than 7 days after the Effective Date of this Agreement pursuant to a motion noted for hearing pursuant to the local bankruptcy court rules.
