CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, Defendant estimates that, as of the date of this Settlement Agreement,
(1) there are 134 Class Members and 5,300 Total Workweeks during the Class period and (2) there were 28 Aggrieved Employees who worked 470 Pay Periods during the PAGA Period. / / /
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, Defendant estimates, as of the date of this Settlement Agreement, there are: (1) 200 Class Members who worked a total of 12,705 Workweeks; and (2) 82 Aggrieved Employees who worked a total of 207 PAGA Pay Periods. If it is determined the number of Workweeks within the Class Period exceeds ten percent (10%) or more of 12,705 (i.e., more than 13,975 Workweeks), then at Defendant’s option, either the: (a) Gross Settlement Amount shall increase proportionally over the ten percent (10%) increase (i.e., if the number of Workweeks increases by 11%, the Gross Settlement Amount will increase by 1%); or (b) Class Period shall end one (1) week prior to the 13,975 Workweeks being reached.
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, Defendant estimates that, (as of February 10, 2023) , (1) there were approximately 181 Class Members and 4,602 Total Workweeks during the Class Period and (2) (as of February 23, 2023) there were approximately 116 Aggrieved Employees and 2,678 PAGA Workweeks during the PAGA Period. If the actual number of Workweeks in the Class Period exceeds 4,602 by more than 10%, the Gross Settlement Amount will be increased proportionally. In other words, if the excess is 11%, the Gross Settlement Amount will increase by 1%, if the excess is 12%, the Gross Settlement Amount will increase by 2%.
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, Defendant estimates that, as of the date of this Settlement Agreement,
(1) there are 91 Class Members and 18,447 Total Workweeks during the Class Period and (2) there were 70 Aggrieved Employees who worked 1238 Pay Periods during the PAGA Period. If the number of workweeks worked by the Class Members is greater than 10% above 18,447, then the GSA shall be increased proportionately for each additional Workweek above the 10% buffer.
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, and a release period from August 12, 2017 through March 30, 2023, Defendant estimates that (1) there are 200 Class Members and 30,000 Total Workweeks during the Class Period and (2) there were 140 Aggrieved Employees who worked 11,000 Pay Periods during the PAGA Period. If the actual number of the workweeks is greater than 30,000 by more than 10%, the gross settlement will increase proportionately by the increase over 10%, or Defendant will have the option to limit the class period up to the 10% escalator.
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, Defendant estimates that, as of the date of this Settlement Agreement, (1) there are 277 Class Members and approximately 13,925 Total Workweeks (between the start of the Class Period on February 28, 2019 and the date of mediation on January 29, 2024); and (2) there are 160 Aggrieved Employees who worked approximately 2,754 Pay Periods (between the start of the PAGA Period on February 28, 2022 and the date of mediation on January 29, 2024). If the number of workweeks worked by the Class Members is greater than 10% above that estimated by Defendant, or 15,318 workweeks worked, then Plaintiff shall have the right to request a pro-rata increase in the GSA equal to the percentage increase in Workweeks above 15,318 (i.e., if the total workweeks increases by 12%, then a 2% increase to the GSA). If the number of Pay Periods worked by the Aggrieved Employees is greater than 10% above that estimated by Defendant, or 3,030 Pay Periods worked, then Plaintiff shall have the right to request a pro-rata increase in the GSA portion attributable to PAGA claims (i.e., the PAGA penalties) equal to the percentage increase in Pay Periods above 3,030 (i.e., if the total Pay Periods increases by 12%, then a 2% increase to the GSA portion attributable to PAGA claims). If this provision is triggered so as to increase the GSA, the Parties agree that the portion of the GSA allocated to attorneys’ fees will increase proportionally such that the total amount of attorneys’ fees remains one third of the GSA after the upward adjustment required by this provision is implemented.
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. 1. Based on its records, Defendant estimates that, as of the date of this Settlement Agreement, (1) there are 235 Class Members and 21,116 Total Workweeks in the class period through October 25, 2022 and calculated as a week that the Class Member actively worked at least 1 day for Defendant during the Class Period, and (2) there were 164 Aggrieved Employees who worked 4,195 Pay Periods during the PAGA Period. These calculations are based on the Class Member’s dates of employment in Defendant’ payroll system. If the number of workweeks during the Class Period is more than 10% greater than this figure [i.e., if there are more than approximately 23,227 workweeks worked by Participating Class Members], Defendant has the option to either: (1) agree to increase the Gross Settlement Amount on a proportional basis (i.e., if there was 11% increase in the number of workweeks during the Class Period, Defendant would agree to increase the Gross Settlement Amount proportionately by 1%); or (2) in the alternative, in the event that this provision is triggered, then Defendant may elect to end the Class Period at an earlier date than described above, so as to have an earlier end to the class period at Defendant’s discretion in order to limit the covered workweeks to 23,227 (or less) in lieu of paying an increase to the Gross Settlement Amount.
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. 8.1 Based on its records, Defendant estimates that, as of the date of this Settlement Agreement, (1) there are approximately 852 Class Members and 46,523 Total Workweeks during the Class period and (2) there were approximately 222 Aggrieved Employees who worked approximately 3,348 Pay Periods during the PAGA Period.
8.2 The Settlement reached at mediation was based on the Parties’ estimated projection that the Class Members worked 46,523 workweeks during the Class Period. Should the Parties discover that the Class Members worked in excess of 48,850 workweeks during the Class Period (i.e., 5% in excess of the 46,523 projected workweek count), Defendant will choose between the options of (1) cutting off the release period when 48,850 workweeks are exhausted, or (2) returning to the mediator, Xxxxxxx Xxxx, to negotiate the resolution of the additional workweeks.
CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. 9.1 Based on its records, UFG estimates that, as of the date of this Settlement Agreement, there are approximately 358 Class Members and 17,500 Total Workweeks during the Class period.
9.2 The Gross Settlement Amount was agreed upon based on Defendant’s records produced at the time of mediation. If the number of number of Workweeks during the Class Period exceeds 17,500 by more than ten percent (10%), the Gross Settlement Amount shall be increased on a pro rata basis per Workweek exceeding the 10% increase (i.e., if the number increases by 11%, the Gross Settlement Amount shall be increased by 1%).
