Individual Settlement Payments. Each Settlement Class Member shall be 14 entitled to one Individual Settlement Payment consisting of a pro rata share of the Net Settlement 15 Amount, calculated as described below. Defendant’s records regarding the number of Class Members 16 shall control for purposes of calculation.
Individual Settlement Payments. Individual Settlement Payments will be paid from the Net Settlement Fund and shall be paid pursuant to the settlement formula as follows: (i) First, using the Class Information, the Settlement Administrator will compute the total number of eligible workweeks of all Participating Class Members collectively during the Class Period; this sum shall be known as the workweek total; (ii) Second, the Settlement Administrator will divide the Net Settlement Amount by the workweek total to determine the settlement value for each eligible workweek (the “Workweek Value”); and (iii) Third, the Settlement Administrator will multiply the number of eligible workweeks of a Participating Settlement Class Member during the Class Period by the Workweek Value to determine that Settlement Class Member’s Individual Settlement Payment. Twenty-five percent (25%) of the Settlement Payment to each Participating Settlement Class Member shall be deemed payment for settlement of claims for wages and expenses and will be subject to appropriate deductions and withholdings calculated and made by the Settlement Administrator. Seventy-five percent (75%) of the Settlement Payment to each Participating Settlement Class Member shall be deemed payment for settlement of claims for penalties and interest and other non-wage payments not subject to withholdings. The portion of Individual Settlement Payments subject to required withholdings and deductions by the Settlement Administrator shall be reported on Form W-2 (and such other state or local tax reporting forms as may be required by law) with respect to the year of payment as wage income to the Settlement Class Member by the Settlement Administrator on behalf of the Qualified Settlement Fund. The Settlement Administrator shall issue I.R.S. Form 1099 if required for the portion of the Individual Settlement Payments allocated for settlement of claims for penalties and interest. Settlement Class Members and Class Counsel shall be solely responsible for the reporting and payment of their share of any federal, state, and/or local income tax or other tax or any other withholdings, if any, on any of the payments made pursuant to this Settlement. Defendants make no representation, and it is understood and agreed that Defendants have made no representation, as to the taxability to any Settlement Class Members of any portion of the Settlement Payments, the payment of any attorneys’ fees and expenses to Class Counsel, or the payment of the Class Representa...
Individual Settlement Payments. Each Class Member is entitled to receive an Individual Settlement Payment, which will be paid out of the Net Settlement Amount. The Parties recognize that the Individual Settlement Payments to be paid to Class Members reflect settlement of a dispute over claimed wages, interest, penalties, and other alleged damages. Individual Settlement Payments to Class Members shall be made based on the following formula:
Individual Settlement Payments. Each Class Member who does not timely and properly opt out of the Settlement (“Settlement Class Members”) will be entitled to receive a portion of the Net Settlement Amount based on the Settlement Formula above (“Settlement Payments”). The Claim Administrator will calculate Settlement Payments for all Settlement Class Members. Applicable Tax Withholding and Responsibility for Taxes Each Class Member’s Settlement Payment from the Net Settlement Amount will be characterized as 100% 1099 income. The Claims Administrator shall issue any necessary IRS Form 1099 to Settlement Class Members for their respective Settlement Payments. Settlement Class Members shall be solely and legally responsible for paying all other applicable taxes on their respective Settlement Payments. Undeliverable or Uncashed Checks Any settlement check returned to the Claims Administrator as undeliverable shall be remailed. Settlement checks left uncashed 180 calendar after the initial distribution will be paid to Center for Workers’ Rights as the cy pres recipient.
Individual Settlement Payments. In exchange for the provisions set forth in the Settlement Agreement, on the Payment Date the Settlement Administrator will distribute from the Gross Settlement Amount each Participating Class Member’s pro rata share of the Net Settlement Amount. Participating Class Members will not have to submit a claim form in order to receive his or her Individual Settlement Payment. Each Class Member who does not submit a valid Request for Exclusion will automatically become a Participating Class Member and will be mailed his or her Individual Settlement Payment in accordance with the terms herein. Individual Settlement Payments will consist of the amount to be paid to each Class Member as a Class Member Payment and the PAGA Settlement Payment if the Class Member is also an Aggrieved Employee.
Individual Settlement Payments. Individual Settlement Payments shall be paid from the Net Settlement Amount and shall be paid pursuant to the formula set forth herein.
Individual Settlement Payments. Individual Settlement Payments will be paid from the Net Settlement Fund. Each Individual Settlement Payment will be reduced by any legally mandated deductions for employee-side payroll taxes or other required employee-side withholdings. The Administrator will issue the appropriate tax documents associated with the Individual Settlement Payments, including an IRS Form W-2. Individual Settlement Payments shall be divided into the Illinois Fund, New Mexico Fund, and Michigan Fund. Individual Settlement Payments shall be classified as 25% wages and 75% penalties and interest.
Individual Settlement Payments. After deduction from the Gross Settlement Fund for attorneys’ fees and litigation costs, the Class Representative Enhancement Awards to Plaintiffs, the PAGA payment to the LWDA, and the costs of administering the Settlement, there will be a Net Settlement Fund. From this Net Settlement Fund, Individual Settlement Payment will be made to each Settlement Class Member who does not request to be excluded from the Settlement. The Net Settlement Fund shall first be used to make True-Up Payments (see below for definition). The Net Settlement Fund shall then be divided among all Settlement Class Members on a proportional basis based upon the total number of workweeks worked by each respective Settlement Class Member during the Class Period. Your estimated Individual Settlement Payment is listed on the INFORMATION SHEET enclosed in this Class Notice Your Compensable Workweeks and Estimated Individual Settlement Payment: According to Defendants’ records, your Compensable Workweeks for the Class Period are <<CompWeeks>>. Based on the number of your Compensable Workweeks, your estimated Individual Settlement Payment is <<EstSettPayment>>. Please note that this is only an estimate; your actual payment may be greater or smaller than the amount reported above. Further, you were employed by Defendants as non-exempt employees in California during the period from March 27, 2019 through November 24, 2021 (the "PAGA Period"). As such, you are entitled to a PAGA payment. According to Defendants’ records, your PAGA Workweeks for the PAGA Period are <<CompWeeks>>. Based on the number of your PAGA Workweeks, your estimated PAGA Payment is <<EstPayment>>. Please note that this is only an estimate; your actual PAGA Payment may be greater or smaller than the amount reported above. You will be paid this amount regardless of whether you request to be excluded from the Settlement. For tax reporting purposes, the payments to Settlement Class Members will be allocated 10% as wages, 45% as penalties, and 45% as interest. The wage portion of the Individual Settlement Payments shall be subject to the withholding of applicable local, state, and federal taxes, and the Settlement Administrator shall deduct applicable payroll taxes from the wage portion of the Individual Settlement Payments. All checks for Individual Settlement Payments paid to Settlement Class Members shall advise that the checks will remain valid and negotiable for one hundred twenty (120) days from the date of the checks’ is...
Individual Settlement Payments. Defendants agree to deposit funds sufficient to cover all Individual Settlement Payments.
Individual Settlement Payments. 13 iii. Receiving and processing Workweek Disputes and rejecting timely or 14 improper Workweek Disputes;
