Class Size Modification. Defendant has represented that based on data available at the time of mediation, the Class consists of an estimated total of 1,136 Class Members who worked 125,357 workweeks between June 10, 2016 and April 23, 2021. In regard hereto, Defendant will provide a declaration under oath confirming the number of Class Members and workweeks they worked prior to the filing of the Motion for Preliminary Approval. The Gross Settlement Amount will increase proportionally with added workweeks through July 31, 2021 and if the number is more than 10% of the workweeks estimate stated herein, i.e., exceeds 137,892 workweeks, subject to Defendant’s right, but not the obligation, to revoke this Agreement in lieu of an increase to the Gross Settlement Amount. The estimated Class Members and applicable workweeks exclude workweeks through February 17, 2017 for Class Members who were members of California settlement class in Viceral.
Class Size Modification. Defendant has represented that the class consists of an estimated total of 31,667 Class Members who collectively worked approximately 1,704,043 workweeks during the Class Period through April 1, 2019. Approximately 30,030 Class Members are members of the Xxxxxx Subclass, and the Xxxxxx Subclass members worked approximately 1,406,883 workweeks during the Class Period. Approximately 3,504 Class Members are members of the Xxxxx/Xxxx Subclass, and the Xxxxx/Xxxx Subclass members worked approximately 297,916 workweeks during the Class Period through April 1, 2019. In regard hereto, Defendant will provide a declaration under oath prior to the filing of the motion for preliminary approval as to the number of Class Members and workweeks worked by the Class Members during the Class Period.
Class Size Modification. It was represented to Class Counsel that the Class is estimated to be 2,053 Class Members and 25,492 Pay Periods during the Class Period. Upon receipt of the Class Data, the Administrator shall confirm to Class Counsel that the Class Data is consistent with these representations. To the extent the number of Pay Periods increases beyond 25,492, the Gross Settlement Amount will increase proportionally. For example, if the number of Pay Periods increases by 6%, Defendant shall increase the Gross Settlement Amount by 6%. If the increase causes an increase of the cost of Administration beyond the amount that has been preliminarily approved by the Court, Defendant shall separately bear the increased cost of Administration outside of the Gross Settlement Amount.
Class Size Modification. Defendant has represented that the class consists of an estimated total of 632 Class Members who worked no more than 32,000 workweeks between June 29, 2016 and March 13, 2020. In regard hereto, Defendant will provide a declaration under penalty of perjury prior to the filing of the motion for preliminary approval as to the number of Class Members during the Class Period. The Gross Settlement Amount will increase proportionally with added Class Members if the actual number of Class Members in the Class Period is more than 10% in excess of the estimate stated herein.
Class Size Modification. Defendants have represented that the class consists of an estimated total of 14,000 Class Members who collectively worked 660,000 workweeks during the Class Period. Defendants will provide a declaration as to the number of Class Members and workweeks worked by the members of the Class during the Class Period prior to the filing of the motion for preliminary approval. In the event that number of employees and/or workweeks increase by more than 10% of the estimates set forth herein, Defendants shall pay an amount necessary to increase the Settlement Amount by a proportionate percentage for all additional class members or workweeks above the 10 percent allowance.
Class Size Modification. Defendant has represented that the class consists of an estimated total of 1,587 Class Members during the time period of April 28, 2016 through November 11, 2021 who collectively worked approximately 82,594 workweeks during that period. Defendant will verify the updated number of Class Members and workweeks covered by this Settlement based on the best data reasonably available to Defendant at the time of Preliminary Approval. If the verified number of workweeks exceeds 90,853 (110% of the estimated number), at the time of preliminary approval, Defendant, at its option, shall have the option to either (1) shorten the Class Period to reduce the number of workweeks below 90,853, or (2) pay a proportionate increase in the Gross Settlement Amount for workweeks in excess of 90,853 (110%). This election shall be made by Defendant prior to the class notice being delivered to the class, and in no event later than 10 days after the court grants preliminary approval. For example, and to illustrate the intended operation of this Paragraph, if Defendant’s verified workweek total covering the Class Period through February 30, 2022 (assuming preliminary approval is granted at a date thereafter) is 103,243, Defendant would have the option to either (1) add an additional $262,500 (15%) to the Gross Settlement Fund; or (2) limit the end date of the Class Period to a date on which the total number of workweeks would not exceed 90,853.
Class Size Modification. Defendant has represented that the number of workweeks for all Class Members during the Class Period was 40,000 workweeks. In regard hereto, Defendant will provide a declaration under oath prior to the filing of the motion for preliminary approval as to the number of Class Members and workweeks worked by Class Members during the Class Period. The Gross Settlement Amount will increase proportionally with added Class Members if the actual number of Class Members in the Class Period is more than 10% of the estimate stated herein.
Class Size Modification. Defendant represents that the Class consists of an estimated total of 1,100 Class Members who collectively worked 65,692 workweeks during the Class Period. If, at the time of Preliminary Approval, the actual number of workweeks is 5% higher than this amount (i.e., greater than 68,976), the Gross Settlement Amount shall increase proportionally with each added workweek.
