Common use of Distribution of Settlement Fund Clause in Contracts

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your settlement payment will be calculated based on an analysis of your time records at Caffe Vita, which includes your hours worked, job codes, and rates of pay. The calculation of the settlement award for each individual Settlement Class Member will be based on the percentage relationship between the dollar value of all potential meal periods and rest breaks the employee was entitled to at Caffe Vita between October 16, 2016, and December 31, 2019 (the “Claim Period”) and the aggregate dollar value of all potential meal periods and rest breaks that all Settlement Class Members were potentially entitled to at Caffe Vita during the Claim Period. Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been deposited within ninety (90) days after distribution, the funds from those checks will be considered Residual Funds. These Residual Funds will be distributed to the Legal Foundation of Washington. Defendant will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as non- wages on which there will be no tax withholding and for which an IRS Form 1099 (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to the monies it is contributing to the Settlement Fund described above, Defendant is also paying all required employer-paid taxes incurred as part of the Settlement. Defendant’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Members.

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment, assuming court approval of the Settlement. Your settlement payment will be calculated based on an analysis the estimated number of rest breaks and meal periods you should have received during the time period covered by the Settlement, the rate(s) paid to you for your time records at Caffe Vita, which includes your hours worked, job codeswork, and rates the amount of pay. The calculation of the settlement award for each individual Settlement Class Member will be time that has passed since those breaks should have occurred, all based on the percentage relationship between the dollar value of all potential meal periods time and rest breaks the employee was entitled to at Caffe Vita between October 16, 2016pay records maintained by Garda, and December 31calculations performed by a court-approved expert. Based on Garda’s records, 2019 (Plaintiffs’ expert has estimated your individual gross settlement amount to be <merge payment amount>, less applicable withholdings. This amount may change based on future court rulings or other developments in connection with the “Claim Period”) and the aggregate dollar value of all potential meal periods and rest breaks that all Settlement Class Members were potentially entitled to at Caffe Vita during the Claim Periodsettlement. Checks will be mailed to Settlement 43136460.4 Comment [DJ1]: To be included if available at the time Notice is prepared for mailing. Class Members by the Settlement Administrator. If any checks have not been deposited within ninety (90) days after distribution, the funds from those checks will be considered Residual Funds. These Residual Funds , which will be distributed to the Legal Foundation of Washington. Defendant will not receive funds from any uncashed checksWashington and the Public Citizen Litigation Project. Tax Treatment of Settlement Awards: Fifty Percent Thirty-three percent (5033%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding withholding, and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Percent Sixty-seven percent (5067%) of each Settlement Class Member’s settlement award will be treated as non- non-wages (penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to Garda will pay the monies it is contributing to the Settlement Fund described above, Defendant is also paying all required employer-paid ’s share of payroll taxes incurred due as part of the Settlement, and such payments shall not be deducted from the $12,500,000 settlement amount. Defendant’s payment Release of these employer-paid taxes will not decrease Claims: Upon final approval by the funds available to Court, the Settlement Class Members.and each Settlement Class Member who has not submitted a valid and timely written request to be excluded from the Settlement will irrevocably release all claims against Garda that were asserted in either or both lawsuits relating to rest or meal periods for the time period from February 11, 2006, through and including August 5, 2018. This Release includes any claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENT

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your Each Class Member who does not request exclusion shall receive a minimum settlement payment of $50.00. The remaining monies from the Class Fund will be allocated based on hours worked in the State of Washington during the Class period using a weighted hours formula. The weighted hours formula will attribute each hour worked as a non-server at 100% and each hour worked as a server at 105%. Awards to individual Settlement Class Members will be calculated based on an analysis of your time records at Caffe Vita, which includes your hours worked, job codes, and rates of pay. The calculation of the settlement award for pro rata by dividing each individual Settlement Class Member will be based on Member’s total weighted hours during the percentage relationship between Class Period by the dollar value of all potential meal periods and rest breaks total the employee was entitled to at Caffe Vita between October 16, 2016, and December 31, 2019 (the “Claim Period”) and the total aggregate dollar value of all potential meal periods and rest breaks that weighted hours for all Settlement Class Members were potentially entitled to at Caffe Vita during and then multiplying the Claim Periodresulting ratio by the remaining monies in the Class Fund. Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been deposited negotiated within ninety one hundred twenty (90120) calendar days after distribution, the funds from those checks will be considered Residual Funds. These Residual Funds will be distributed sent in the corresponding Settlement Class Member’s name to the Legal Foundation Unclaimed Property Fund for the State of WashingtonWashington pursuant to the Unclaimed Property Act (RCW 63.29 et seq). Defendant The Company will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Fifty Percent (50%) of each individual Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Percent (50%) of each individual Settlement Class Member’s settlement award will be treated as non- non-wages (a combination of penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 1099-MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition The Company makes no representations as to the monies it is contributing to the Settlement Fund described above, Defendant is also paying all required employer-paid taxes incurred as part taxability of the Settlement. Defendanteach Class Member’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Memberssettlement aware and you should seek tax advice if needed.

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your settlement payment will be calculated based on an Class Counsel’s analysis of your payroll and time records at Caffe VitaJBS, which includes your recorded hours worked, job codes, worked and rates of pay. The calculation of the settlement award for each individual Settlement Class Member will be based on the percentage relationship comparison between the dollar value of all the potential meal periods and rest breaks unpaid wages the employee was entitled to at Caffe Vita JBS between October 16September 5, 20162014 and February 5, and December 31, 2019 (the “Claim Period”) 2020 and the aggregate dollar value of all the potential meal periods and rest breaks unpaid wages that all Settlement Class Members were potentially entitled to at Caffe Vita JBS during the Claim Periodthat time. Checks will be mailed to Settlement Class Members by the Settlement AdministratorJBS. If any checks have not been cashed or deposited within ninety one hundred eighty (90180) days after distribution, the funds from those checks will be considered unclaimed property and deemed Residual Funds. These Residual Funds will be distributed to the Legal Foundation of Washington. Defendant JBS will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal applicable tax withholding withholdings and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as non- wages on from which there will be no tax withholding withholdings and for which an IRS Form 1099 (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to the monies it is contributing to the Settlement Fund described above, Defendant JBS is also paying all required employer-paid taxes incurred as part of the Settlement. DefendantJBS’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Members.

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your settlement payment will be calculated based on an analysis of your time alleged unpaid commissions based on records at Caffe Vita, which includes your hours worked, job codes, and rates of paymaintained by Defendant. The calculation of the settlement award for each individual Settlement Class Member will be based on the percentage relationship between the dollar value of all potential meal periods and rest breaks the employee was entitled to at Caffe Vita between October 16, 2016, and December 31, 2019 (the “Claim Period”) estimated alleged unpaid commissions and the aggregate dollar value of all potential meal periods and rest breaks that estimated alleged unpaid commissions for all eligible Settlement Class Members were potentially entitled to at Caffe Vita during the Claim Settlement Class Period. Checks will be mailed to eligible Settlement Class Members by the Settlement Administrator. If any checks have not been deposited within ninety (90) days after distribution, the then such unclaimed funds from those checks will be considered Residual Funds. These Residual Funds will be distributed to the Legal Foundation of WashingtonWashington and Northwest Justice Project. Defendant will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Fifty Percent One-third (5033.3%) of each eligible Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the eligible Settlement Class Member on an IRS Form W-2. Fifty Percent Two-thirds (5066.7%) of each eligible Settlement Class Member’s settlement award will be treated as non- non-wages on which there will be no tax withholding and for which an IRS Form 1099 (marked “Other Income”) shall be issued to the taxing authorities and the eligible Settlement Class Member. In addition to the monies it funds Defendant is contributing to the Settlement Fund described above, Defendant it is also paying all required employer-paid taxes incurred as part on the wage portions of the Settlementsettlement awards. Defendant’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Members.

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your Each Settlement Class Member who does not request exclusion shall receive a minimum settlement payment of $200. The remaining amount from the class fund will be calculated based on an analysis of your time records at Caffe Vita, which includes your hours worked, job codes, and rates of pay. The calculation of the settlement award for each allocated to individual Settlement Class Member will be Members on a pro rata basis, based on weighted hours worked during the percentage relationship between Class Period, with the dollar value of all potential meal periods and rest breaks amounts being calculated by dividing each Settlement Class Member’s total weighted hours worked during the employee was entitled to at Caffe Vita between October 16, 2016, and December 31, 2019 (Class Period by the “Claim Period”) and the total aggregate dollar value of all potential meal periods and rest breaks that weighted hours worked by all Settlement Class Members were potentially entitled to at Caffe Vita during the Claim PeriodClass Period and then multiplying the resulting ratio by the portion of the class fund allocated to these payments. Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been deposited negotiated within ninety one hundred twenty (90120) days after distribution, the funds from those checks will be considered Residual Funds. These Residual Funds will be distributed sent in the corresponding Settlement Class Member’s name to the Legal Foundation Unclaimed Property Fund for the State of WashingtonWashington pursuant to the Unclaimed Property Act (RCW 63.29 et seq). Defendant The Company will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as non- wages (a combination of liquidated and exemplary damages, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 1099-MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to the monies it is contributing to the Settlement Fund described above, Defendant the Company is also paying all required employer-paid taxes incurred as part of the Settlement. DefendantThe Company’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Members.

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your settlement payment will be calculated based on an analysis of your time records at Caffe VitaEstablished Moving, which includes your hours worked, job codes, worked and rates of pay. The calculation of the settlement award for each individual Settlement Class Member will be based on the percentage relationship between the dollar value of all potential meal periods unpaid wages, overtime, and rest breaks Paid Sick and Safe Leave the employee was entitled to at Caffe Vita Established Moving between October 16May 20, 2016, and December 31July 22, 2019 (the “Claim Period”) and the aggregate dollar value of all potential meal periods unpaid wages, overtime, and rest breaks Paid Sick and Safe Leave that all Settlement Class Members were potentially entitled to at Caffe Vita Established Moving during the Claim Period. Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been deposited within ninety one hundred eighty (90180) days after distribution, the funds from those checks will be considered Residual Funds. These Residual Funds will be distributed to the Legal Foundation of Washington. Defendant Established Moving will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Fifty Forty Percent (5040%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Sixty Percent (5060%) of each Settlement Class Member’s settlement award will be treated as non- wages (a combination of penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to the monies it is contributing to the Settlement Fund described above, Defendant Established Moving is also paying all required employer-paid taxes incurred as part of the Settlement. DefendantEstablished Moving’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Members.

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your settlement payment will be calculated based on an analysis of your time records at Caffe VitaHRG, which includes your hours worked, job codes, and rates the number of paywork weeks you worked in a front of house position at the Meet the Moon and/or Xxxxx x Xxxxx restaurants. Each Settlement Class Member will receive a minimum payment of $5.00. The calculation of the remainder of the settlement award for each individual Settlement Class Member will be based on two operations: (1) the percentage relationship between the dollar value aggregate number of all potential meal periods and rest breaks the employee was entitled to at Caffe Vita between October 16, 2016, and December 31, 2019 (the “Claim Period”) and the aggregate dollar value work weeks of all potential meal periods and rest breaks that all Settlement Class Members were potentially entitled to between November 12, 2017 and March 18, 2020, in a “front of house” position at Caffe Vita during the Claim PeriodMeet the Moon and/or Xxxxx x Xxxxx restaurants and the number of work weeks of the individual Settlement Class Member in a “front of house” position at the Meet the Moon and/or Xxxxx x Xxxxx restaurants between November 12, 2017 and March 18, 2020; and (2) the percentage relationship between the aggregate number of work weeks of all Settlement Class Members between March 28, 2018 and February 20, 2019, in a “front of house” position at the Meet the Moon and/or Xxxxx x Xxxxx restaurants and the number of work weeks of the individual Settlement Class Member in a “front of house” position at the Meet the Moon and/or Xxxxx x Xxxxx restaurants between March 28, 2018 and February 20, 2019. Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been deposited within ninety one hundred twenty (90180) days after distribution, the funds from those checks will be considered Residual Funds. These Residual Funds will be distributed to the Legal Foundation of Washington. Defendant HRG will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Fifty Percent Forty percent (5040%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Percent Sixty percent (5060%) of each Settlement Class Member’s settlement award will be treated as non- non-wages (a combination of penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to the monies it is contributing to the Settlement Fund described above, Defendant HRG is also paying all required employer-paid taxes incurred as part of the Settlement. DefendantHRG’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Members.

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your Each Settlement Class Member who does not request exclusion shall receive a minimum settlement payment of $50.00. The remaining monies from the class fund will be calculated based on an analysis of your time records at Caffe Vita, which includes your hours worked, job codes, and rates of pay. The calculation of the settlement award for each allocated to individual Settlement Class Member will be based on Members pro rata by dividing each Settlement Class Member’s total hours worked as an hourly- paid employee during the percentage relationship between class period by the dollar value of all potential meal periods and rest breaks the employee was entitled to at Caffe Vita between October 16, 2016, and December 31, 2019 (the “Claim Period”) and the total aggregate dollar value of all potential meal periods and rest breaks that hours worked by all Settlement Class Members were potentially entitled to at Caffe Vita as hourly-paid employee during the Claim Periodclass period, and then multiplying the resulting ratio by the remaining monies in the class fund. Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been deposited negotiated within ninety one hundred twenty (90120) days after distribution, the funds from those checks will be considered Residual Funds. These Residual Funds will be distributed sent in the corresponding Settlement Class Member’s name to the Legal Foundation Unclaimed Property Fund for the State of Washington. Defendant NNA will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as non- non-wages (a combination of penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 1099-MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to the monies it is contributing to the Settlement Fund maximum settlement amount described above, Defendant NNA is also paying all required employer-paid taxes incurred as part of the Settlement. DefendantNNA’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Members.

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your settlement payment will be calculated based on an Class Counsel’s analysis of your payroll, time records and duties while working at Caffe VitaThe Willows Inn, which includes your hours worked, job codes, as well as based on interviews of Plaintiffs and rates of payother Class members. The calculation of the settlement award for each individual Settlement Class Member will be based on the percentage relationship comparison between the dollar value of all the potential meal periods and rest breaks unpaid wages the employee was entitled to while working at Caffe Vita the Willows Inn between October 16June 14, 20162018 and January 20, and December 31, 2019 (the “Claim Period”) 2022 and the aggregate dollar value of all the potential meal periods and rest breaks unpaid wages that all Settlement Class Members were potentially entitled to while working at Caffe Vita the Willows Inn during the Claim Periodthat time. Checks will be mailed to Settlement Class Members by Simpluris, the Settlement Administrator. If any checks have not been cashed or deposited within ninety (90) days after distribution, the funds from those checks will be considered unclaimed. If those unclaimed funds are significant, then, subject to Court approval, Class Counsel may authorize another distribution to those Settlement Class Members who cashed their award checks. Ninety (90) days after a second distribution, or if there is no second distribution, then the funds from the uncashed checks will be considered unclaimed property and deemed Residual Funds. These Residual Funds will be distributed to the Legal Foundation of WashingtonWashington and the Washington Wage Claim Project. Defendant Defendants will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Fifty Forty Percent (5040%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal applicable tax withholding withholdings and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Sixty Percent (5060%) of each Settlement Class Member’s settlement award will be treated as non- non-wages on from which there will be no tax withholding withholdings and for which an IRS Form 1099 (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to Please consult an accountant regarding the monies it is contributing to taxes you may owe if you receive money from the Settlement Fund described above, Defendant is also paying all required employer-paid taxes incurred as part of the Settlement. Defendant’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Memberssettlement.

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your settlement payment will be calculated based on an analysis of your time records at Caffe VitaBlue Ribbon, which includes your hours worked, job codes, worked and rates of pay. The calculation of the settlement award for each individual Settlement Class Member will be as pro rata portion based on damage calculations of Plaintiffs’ counsel in hourly-paid workweeks. Plaintiffs’ counsel will calculate class member shares in a spreadsheet to be provided to the percentage relationship between Settlement Administrator within 10 days of the dollar value of all potential meal periods and rest breaks the employee was entitled to at Caffe Vita between October 16, 2016, and December 31, 2019 (the “Claim Period”) and the aggregate dollar value of all potential meal periods and rest breaks that all Settlement Class Members were potentially entitled to at Caffe Vita during the Claim PeriodCourt granting final approval. Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been deposited within ninety one hundred eighty (90180) days after distribution, the funds from those checks will be considered Residual Funds. These Residual Funds will be distributed distributed, equally to the Legal Foundation of WashingtonWashington and the Fair Work Center by the Settlement Administrator. Defendant Blue Ribbon will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Fifty Twenty-Five Percent (5025%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Seventy-Five Percent (5075%) of each Settlement Class Member’s settlement award will be treated as non- non-wages (penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to the monies it is contributing to the Settlement Fund described above, Defendant Blue Ribbon is also paying all required employer-paid taxes incurred as part of the Settlement. DefendantBlue Ribbon’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Members.

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your settlement payment Class fund will be calculated allocated to individual Settlement Class Members pro rata based on an analysis of your time records at Caffe Vita, which includes your hours workweeks worked, job codes, by (a) dividing the Class Fund by the total number of Workweeks worked by all Settlement Class Members during the Settlement Class Period and rates (b) multiplying the result by the number of pay. The calculation of the settlement award for Workweeks worked by each individual Settlement Class Member will be based on the percentage relationship between the dollar value of all potential meal periods and rest breaks the employee was entitled to at Caffe Vita between October 16, 2016, and December 31, 2019 (the “Claim Period”) and the aggregate dollar value of all potential meal periods and rest breaks that all Settlement Class Members were potentially entitled to at Caffe Vita during the Claim PeriodMember. Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been deposited negotiated within ninety one hundred twenty (90120) calendar days after distribution, the funds from those checks will be considered Residual Funds. These Residual Funds will be distributed sent in the corresponding Settlement Class Member’s name to the Legal Foundation Unclaimed Property Fund for the State of WashingtonWashington pursuant to the Unclaimed Property Act (RCW 63.29 et seq). Defendant The Company will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as non- wages (a combination of penalties, enhancements, liquidated/exemplary damages, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 1099- MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to the monies it is contributing its contribution to the Settlement Fund described above, Defendant The Company is also paying all required employer-paid taxes incurred as part of the Settlement. DefendantThe Company’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Members.

Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your Each Settlement Class Member who does not request exclusion shall receive a minimum settlement payment of $20.00. The remaining monies from the $37,250.00 class fund will be calculated based on an analysis of your time records at Caffe Vita, which includes your hours worked, job codes, and rates of pay. The calculation of the settlement award for each allocated to individual Settlement Class Member Members as follows: (i) Each Settlement Class Member’s hours worked during the Settlement Class Period will be based on divided by the percentage relationship between the dollar value sum total of all potential meal periods and rest breaks Settlement Class Members’ hours worked during the employee was entitled to at Caffe Vita between October 16, 2016, and December 31, 2019 Settlement Class Period. This calculation will result in a percentage figure for each Settlement Class Member (the “Claim PeriodClass Portion Percentage Figure”), which will then be multiplied by the Class Portion, with the resulting figure being paid to the Settlement Class Member; (ii) and Each “front of house” Settlement Class Member’s hours worked in a “front of house” position during the aggregate dollar value Settlement Class Period will be divided by the sum total of all potential meal periods and rest breaks that all “front of house” Settlement Class Members were potentially entitled to at Caffe Vita Members’ hours worked during the Claim Settlement Class Period. This calculation will result in a percentage figure for each “front of house” Settlement Class Member (the “Service Charge Portion Percentage Figure”), which will then be multiplied by the Service Charge Portion, with the resulting figure being paid to the “front of house” Settlement Class Member. The results of the foregoing calculations for each Settlement Class Member, in addition to the Twenty Dollar ($20.00) minimum settlement payment, shall be referred to as a Settlement Award (or collectively, the Settlement Awards). Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been deposited negotiated within ninety one hundred twenty (90120) days after distribution, the funds from those checks will be considered Residual Funds. These Residual Funds will be distributed sent in the corresponding Settlement Class Member’s name to the Legal Foundation Unclaimed Property Fund for the State of WashingtonWashington pursuant to the Unclaimed Property Act (RCW 63.29 et seq). Defendant EOH will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Fifty Forty Percent (5040%) of each Settlement Class Member’s settlement award Settlement Award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Sixty Percent (5060%) of each Settlement Class Member’s settlement award Settlement Award will be treated as non- wages (a combination of penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 1099-MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to the monies it is contributing to the Settlement Fund described above, Defendant EOH is also paying all required employer-paid taxes incurred as part of the Settlement. DefendantEOH’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Members.