Common use of CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE Clause in Contracts

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 estimated Defendants estimate, as of the date of the mediation that this Agreement, there are: (1) 165 136 Class Members who worked a total of 4,002.7 9,123 Workweeks; and (2) 137 95 Aggrieved Employees who worked a total of 1,855 1,431 PAGA Pay Periods. If it is determined that the number of Workweeks through the date of the mediation Class Period exceeds ten percent (10%) or more of 4,002.7 9,123 (i.e., more than 4,402.97 10,035 Workweeks), then the Gross Settlement Amount will shall increase proportionally over the ten percent (10%) increase. For exampleincrease (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 its records, Defendant estimated estimates, as of the date of the mediation that March 15, 2021, through August 30, 2023, there are: (1) 165 642 Class Members who worked a total of 4,002.7 Workweeks11,036 Workweeks during the Class Period; and (2) 137 549 Aggrieved Employees who worked a total of 1,855 4,740 PAGA Pay Periods. If it is determined that the number of Workweeks through within the date of the mediation Class Period exceeds ten percent (10%) or more of 4,002.7 11,036 (i.e., more than 4,402.97 12,140 Workweeks), then the Gross Settlement Amount will increase proportionally over the ten percent (10%) increase. For exampleincrease (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 its records, Defendant estimated estimates, as of the date of the mediation that this Settlement Agreement, there are: (1) 165 200 Class Members who worked a total of 4,002.7 12,705 Workweeks; and (2) 137 82 Aggrieved Employees who worked a total of 1,855 207 PAGA Pay Periods. If it is determined that the number of Workweeks through within the date of the mediation Class Period exceeds ten percent (10%) or more of 4,002.7 12,705 (i.e., more than 4,402.97 13,975 Workweeks), then the at Defendant’s option, either the: (a) Gross Settlement Amount will shall increase proportionally over the ten percent (10%) increase. For exampleincrease (i.e., if the number of Workweeks increases by eleven percent (11%), the Gross Settlement Amount will increase by one percent (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 estimates, as of the date of the mediation that January 26, 2024, there are: (1) 165 969 Class Members who worked a total of 4,002.7 37,196 Workweeks; and (2) 137 242 Aggrieved Employees who worked a total of 1,855 3,592 PAGA Pay Periods. If it is determined that the number of Workweeks through the date of the mediation Class Period exceeds ten percent (10%) or more of 4,002.7 37,196 (i.e., more than 4,402.97 40,916 Workweeks), then the then, at Defendant’s option, either the: (1) Gross Settlement Amount will shall increase proportionally over the ten percent (10%) increase. For exampleincrease (i.e., if the number of Workweeks increases by eleven percent (11%), the Gross Settlement will increase by one percent (1%); or (2) Class Period shall end as of the date the Workweeks within the Class Period reach more than ten percent (10%) over 40,916 Workweeks.

CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on its records, Defendant estimated estimates that, (as of the date of the mediation that there are: February 10, 2023) , (1) 165 there were approximately 181 Class Members who worked a total of 4,002.7 Workweeks; and 4,602 Total Workweeks during the Class Period and (2) 137 (as of February 23, 2023) there were approximately 116 Aggrieved Employees who worked a total of 1,855 and 2,678 PAGA Pay PeriodsWorkweeks during the PAGA Period. If it is determined that the actual number of Workweeks through in the date of the mediation Class Period exceeds ten percent (4,602 by more than 10%) or more of 4,002.7 (i.e., more than 4,402.97 Workweeks)the Gross Settlement Amount will be increased proportionally. In other words, then if the excess is 11%, the Gross Settlement Amount will increase proportionally over the ten percent (10by 1%) increase. For example, if the number of Workweeks increases by eleven percent (11excess is 12%), the Gross Settlement Amount will increase by one percent (12%).

CLASS SIZE ESTIMATES AND ESCALATOR CLAUSE. Based on a review of its records, Defendant estimated estimates, as of the date of the mediation that on September 26, 2023, there are: (1) 165 360 Class Members who worked a total of 4,002.7 52,877 Workweeks; and (2) 137 301 Aggrieved Employees who worked a total of 1,855 25,847 PAGA Pay Periods. If it is determined that the number of Workweeks through within the date of the mediation Class Period exceeds ten percent (10%) or more of 4,002.7 52,877 (i.e., more than 4,402.97 58,165 Workweeks), then the at Defendant’s option, either the: (a) Gross Settlement Amount will shall increase proportionally over the ten percent (10%) increase. For exampleincrease (i.e., if the number of Workweeks increases by eleven percent (1115%), the Gross Settlement Amount will increase by one percent (15%); or (b) Class Period shall end as of the date the Workweeks within the Class Period reach 58,165 Workweeks.