DESCRIPTION OF LAWSUIT Sample Clauses

DESCRIPTION OF LAWSUIT. This case was originally filed on February 10, 2021. Plaintiffs have made several claims in this lawsuit relating to their time as truck drivers for TransAm Trucking, including three claims for which monetary compensation is available under this settlement. First, as to the Company Driver Orientation Claim, Plaintiffs have claimed that TransAm did not pay drivers the full federal minimum wage of $7.25 per hour for all hours worked during orientation attended in Rockwall, Texas or Tampa, Florida between October 2020 and March 2021, in violation of the federal Fair Labor Standards Act (“FLSA”). Second, as to the Lease Driver Minimum Wage Claim, Plaintiffs have claimed that TransAm has misclassified lease drivers as independent contractors when they were in fact employees and has not paid lease drivers at least the federal minimum wage for all hours worked, in violation of the FLSA. Third, as to the Truth-in-Leasing Claim, Plaintiffs have claimed that TransAm has not complied with the Truth-in-Leasing regulations, which are federal regulations that require motor carriers to disclose clearly in their independent contractor agreements the amounts of all deductions that will be made from drivers’ compensation, including but not limited to deductions relating to expenses, insurance, and escrow funds. TransAm denies the Plaintiffs’ allegations and maintains that it properly paid all Plaintiffs. Although the Court has preliminarily approved this settlement, the Court made no decisions about whether the Plaintiffs were correct in their allegations. Defendants strongly deny they violated any law with respect to the wages and overtime wages paid to its employees. Defendants contend that their policies and compensation practices are proper and in compliance with the law at all times. Defendants decided that it is a better use of their resources to resolve this matter now, so that they can direct their time and resources to their business operations and, thereby, to the welfare of all of their employees and customers.
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Related to DESCRIPTION OF LAWSUIT

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • General All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

  • Definitions For purposes of this Agreement:

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

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