CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, Defendant estimated as of the date of the mediation that there are: (1) 165 Class Members who worked a total of 4,002.7 Workweeks; and (2) 137 Aggrieved Employees who worked a total of 1,855 PAGA Pay Periods. If it is determined that the number of Workweeks through the date of the mediation exceeds ten percent (10%) or more of 4,002.7 (i.e., more than 4,402.97 Workweeks), then the Gross Settlement Amount will increase proportionally over the ten percent (10%) increase. For example, if the number of Workweeks increases by eleven percent (11%), the Gross Settlement will increase by one percent (1%).
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, Defendants estimates that, as of the date of this Settlement Agreement, (1) there are 73 Class Members and 4,674 Total Workweeks during the Class period and (2) there were 67 Aggrieved Employees who worked 2,109 Pay Periods during the PAGA Period.
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, Defendant estimates that, as of the date of this Settlement Agreement,
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, Defendants estimates that, as of the date of this Settlement Agreement, there are 850 Class Members and 53,154 Total Workweeks during the Class Periods. In the event the number of Total Workweeks increases by more than ten percent (10%) from 53,154, i.e., more than 58,470 Workweeks, the Gross Settlement Amount will be increased proportionally.
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, Defendant estimates, as of the date of this Settlement Agreement, there are: (1) 358 Class Members who worked a total of 7,500 Workweeks; and (2) 249 Aggrieved Employees who worked a total of 2,877 PAGA Pay Periods. If it is determined that the number of Workweeks through September 4, 2023 or the date of Preliminary Approval, whichever date is earlier, exceeds ten percent (10%) or more of 7,500 (i.e., more than 8,250 Workweeks), Defendant, at its option, can either choose to: (a) cut off the end date for the Class Period to the date the number of Workweeks reaches 8,250; or (b) increase the Gross Settlement Amount on a proportional basis equal to the percentage increase in the number of Workweeks worked by the Class Members above 8,250 (i.e., if the number of Workweeks increases by eleven percent (11%), the Gross Settlement Amount will increase by one percent (1%)).
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on a review of its records to date, Defendant estimates there are 51 Class Members who collectively worked a total of 7,110 Workweeks, and 36 Aggrieved Employees who collectively worked a total of 2,992PAGA Pay Periods. Should the total number of Workweeks worked by Participating Class Members during the Class Period increases by more than 10% (i.e., by more than 700 Workweeks), Defendant shall increase the Gross Settlement Amount on a pro-rata basis equal to the percentage increase in the number of Workweeks worked by Participating Class Members above 10%.
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, Defendant estimates that, as of the date of this Settlement Agreement, (1) there are 140 Class Members and 12,500 Total Workweeks during the Class period and (2) there were 109 Aggrieved Employees who worked 2,402 Pay Periods during the PAGA Period. This Settlement is based on an estimated total of 12,500 Class Member Work Weeks from the beginning of the Class Period August 19, 2017 through September 1, 2023. This is a material representation for Plaintiff to enter into this Settlement. Should the actual number of Class Member Work Weeks during this same time period increase beyond 10%, the GSA shall increase proportionately for each additional workweek beyond 13,750 workweeks.
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on a review of its records, ProLink estimates that, as of July 15, 2023, there are 447 Class Members and 3,962 Total Workweeks from the beginning of the Class period through July 15, 2023. In the event the actual number of Class Workweeks worked by Class Members during the Class Period increases by more than twelve percent (12%) (i.e., increases to more than 4,437 workweeks) by the time ProLink provides Class Data to the Administrator for dissemination of Class Notice, the Gross Settlement Amount shall increase on a pro-rata basis equal to the percentage increase in the number of Class Workweeks worked by Class Members above 12% (i.e., if there is a 13% increase in the number of Class Workweeks during the Class Period, Defendant will agree to increase the Gross Settlement Amount by 1%.)
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. At the time of mediation and the settlement of the Action, Defendant estimated that there were 258 Class Members and 26,751 Total Workweeks during the Class period, and 158 Aggrieved Employees who worked 3,371 Pay Periods during the PAGA Period. If the number of Total Workweeks during the Class Period exceeds 26,751 by more than 10% or 29,426 Workweeks, then Plaintiffs shall, in their sole discretion, have the right to request a pro-rata increase in the Gross Settlement Amount equal to the percentage increase in Workweeks above 29,426. For example, if the Workweek count increases by 12%, then Plaintiffs shall request a 2% increase to the Gross Settlement Amount.
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, Defendant represents that, as of the execution of this Agreement, there are approximately 97 individuals in the Settlement Class who, collectively, worked approximately 295,224 hours during the Class Period. Defendant further represents that there are 64 Aggrieved Employees who, collectively, worked approximately 2,543 pay periods during the PAGA Period. If the Settlement Class headcount estimate (97) increases by more than 10% through and including November 30, 2022, then the GSA will increase proportionally for the Settlement Class headcount increase in excess of the 10% threshold (i.e., an 11% increase in the Settlement Class headcount will result in a 1% increase to the GSA). If the estimate of pay periods during the PAGA Period (2,543) increases by more than 10% through and including November 30, 2022, then the GSA will likewise increase proportionally for the pay periods during the PAGA Period in excess of the 10% threshold (i.e., an 11% increase in the number of pay periods during the PAGA Period will result in a 1% increase to the GSA).
