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. The Individual Settlement Payments shall 4 be calculated as follows:
Individual Settlement Payments. Each Settlement Class Member, as long as 21 they meet the criteria for either Class Members Entitled to Autopay, and/or return a valid Claim Form, 22 shall be entitled to one Individual Settlement Payment consisting of a pro rata share of the Net Settlement 23 Amount, calculated as described below. Defendant’s records regarding the number of Class Members 24 shall control for purposes of calculation.
Individual Settlement Payments. Defendants agree to deposit funds sufficient to cover all Individual Settlement Payments.
Individual Settlement Payments. Each Settlement Class Member shall be entitled to one Individual Settlement Payment calculated in accordance with Section 5.2 above.
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. The Net Settlement Amount shall be used to pay Individual Settlement Payments to Participating Class Members in accordance with the terms of this Agreement. The Settlement Administrator will allocate the Individual Settlement Payments to the Participating Class Members in accordance with each Participating Class Member’s pro rata share of workweeks during the period applicable to the Homecare Settlement Class and Wage Statement Settlement Class. Participating Class Members in the Homecare Settlement Class will be allocated 80% of the Net Settlement Amount and 20% of the Net Settlement Amount will be allocated to Participating Class Members of the Wage Statement Settlement Class. Each Participating Class Member’s total workweeks in the Homecare Settlement Class period will be divided by the total workweeks for all Participating Class Members in the Homecare Settlement Class, then multiplied by 80% of the Net Settlement Amount. Each Participating Class Member’s total workweeks in the Wage Statement Settlement Class period will be divided by the total workweeks for all Participating Class Members in the Wage Statement Settlement Class, then multiplied by 20% of the Net Settlement Amount. 100% of the Net Settlement Amount will be distributed to Participating Class Members. The Settlement Administrator will report each payment made from the Qualified Settlement Fund to state and federal government authorities, including the Internal Revenue Service, to the extent required by law. Individual Settlement Payments shall be mailed by regular First-Class U.S. Mail to each Participating Class Member’s last known mailing address within fifteen (15) days after Defendants fully fund the settlement.
Individual Settlement Payments. Within fifteen (15) days of the last 9 date for Opt-Outs or Objections to be timely submitted in accordance with Section 5.04.a and
Individual Settlement Payments. ISPs shall be paid from the NSA and shall be paid pursuant to the following formula:
i. Calculation of Individual Settlement Payments (“ISPs”). Using the Class Data, the Settlement Administrator will calculate the total Workweeks for all SCMs. The respective Workweeks for each SCM will be divided by the aggregate total Workweeks for all SCMs, resulting in the Payment Ratio for each individual SCM. Each SCM’s Payment Ratio will then be multiplied by the NSA to calculate each SCM’s estimated ISP. The ISP will be provided only to the individual SCM. Each ISP will be reduced by any legally mandated employee tax withholdings (e.g., employee payroll taxes, etc.). The ISP checks will include an endorsement confirming that by cashing the check, each SCM is releasing the Released Claims.
