Eligibility For Enhanced Payment For The Named Plaintiffs And NYC Class. Members. In exchange for the Named Plaintiffs’ Released Claims and the NYC Class Members’ Released Claims as set forth in Section V.C, the Named Plaintiffs and NYC Class Members shall be eligible to request an Enhanced Payment. If the Named Plaintiff or a NYC Class Member submits a valid Claim Form by the Claim Bar Date, MSG will conduct an analysis of the Named Plaintiff’s and Participating NYC Class Member’s criminal conviction history as it existed at the time he or she applied for employment with MSG under New York Correction Law § 752, and the factors set forth in New York Correction Law § 753 (“Article 23-A analysis”), to determine if he or she would have been eligible for employment absent his or her failure to fully and accurately disclose his or her criminal conviction history. In conducting the Article 23-A analysis, MSG will consider only the information regarding the Named Plaintiff’s and the Participating NYC Class Member’s criminal conviction history as it existed at the time he or she was denied employment, along with any evidence of rehabilitation or other information that the Named Plaintiff or the Participating NYC Class Member submits in the Claim Form and which evidence existed at the time he or she applied for employment with MSG. If the Named Plaintiff or the Participating NYC Class Member does not submit any evidence of rehabilitation in the Claim Form, MSG will not consider this fact in its Article 23-A analysis (i.e. in its evaluation, MSG will not hold against the applicant the fact that he or she did not submit additional evidence of rehabilitation). MSG will also not consider in its Article 23-A analysis the fact that it previously determined that the Named Plaintiff or Participating NYC Class Member did not fully and accurately disclose his or her criminal conviction history in his or her original application for employment with MSG. If MSG determines that the Named Plaintiff or Participating NYC Class Member would have been eligible for employment under the Article 23-A analysis, the Named Plaintiff and Participating NYC Class Member will receive an Enhanced Payment in the amount of $1,700.00. MSG’s determination that an NYC Class Member is entitled to an Enhanced Payment in this Settlement is entirely without prejudice to MSG’s ability to conduct an independent evaluation of the Participating NYC Class Member’s qualification for employment with MSG if such individual separately applies for employment pursuant to MSG’s normal ...
