Net Settlement Fund and Allocation to Class Members. Gross Earnings. First, each Class Member’s individual gross earnings during their respective period of work at Defendants’ catered events (as reported on W-2 earning statements for the period 2011 - 2018) will be determined. Such information will be provided in the Class List to the Settlement Claims Administrator and Class Counsel. Based on tiers and total amount of wages per year, Class Members will be allocated points based on their total wages earned per year, in accordance with the following schedule: Percentage Allocation. Second, each Class Member’s percentage is calculated by
(1) taking the individual Class Member’s points as the numerator, and (2) dividing it by the sum of gross points of all Class Members for the period 2011 - 2018 as the denominator. The denominator for each Class Member will be the same number. As a result of this calculation, the total of all Class Members’ numerators must equal the denominator. Thus, the Class Member’s adjusted individual points divided by the sum of all adjusted points for all Class Members, equals his/her individual percentage allocation.
Net Settlement Fund and Allocation to Class Members. (A) A Class Member’s proportionate share of the Net Settlement Fund shall be determined by the Claims Administrator pursuant to the following formula (the Pro Rata Share):
(1) The Net Settlement Fund, less the amounts allocated pursuant to this Section to Class Members who timely submitted Opt-out Statements, shall be paid to all Participating Class Members.
(2) Each Class Member’s Individual Allotted Points will be calculated using point values as follows:
a. All Class Members shall receive one (1) point for every Week Worked as a Consultant prior to January 1, 2020.
b. Each Class Member shall receive an amount of Overtime Points calculated as follows:
i. For the first six (6) months of a Consultant’s employment, one (1) point per Week Worked.
ii. For the period of time after six (6) months through the Consultant’s second anniversary of employment, seven and one-half (7.5) points per Week Worked for Consultants in one of the following Streams: Application Support, Business Analysis, IT Service Management, or Murex.
iii. For the period of time after six (6) months through the Consultant’s second anniversary of employment, four (4) points per Week Worked for Consultants in a Stream other than Application Support, Business Analysis, IT Service Management, and Murex, including Consultants for whom there is no record of Stream worked.
c. A Class Member’s Individual Allotted Points is the sum of each Class Member’s points calculated under Section 4.5(A)(2), multiplied by their Overtime Points, and reduced proportionate to litigation risk as follows:
i. For all Class Members who filed FLSA opt-in forms to join the Litigation, and did not later withdraw their participation in the Litigation, there will be no reduction or modification.
ii. For all Class Members who did not file a FLSA opt-in form to join the Litigation, and who worked at a Placement in New York there will be a 25% reduction in points.
iii. For all Class Members who did not file a FLSA opt-in form to join the Litigation, and who did not work at a Placement in New York there will be a 75% reduction in points.
(3) For all Class Members who received Premium Pay, their Individual Allocated Points will be reduced proportionally by the approximate number of hours worked for which they received Premium Pay.
(4) Class Members will not receive points for weeks worked after January 1, 2020. After January 1, 2020 FDM changed its compensation structure in a manner that FDM believes further demonstrates that it...
Net Settlement Fund and Allocation to Class Members. (A) The allocation to Class Members for Settlement Checks will be made from the Net Settlement Fund.
(B) A Class Member’s proportionate share of the Net Settlement Fund will be determined by the Settlement Claims Administrator pursuant to the following formula:
(1) On or before May 24, 2019, Settling Entities will provide Class Counsel for settlement purposes only with all Class Members’ electronic time and payroll records from April 17, 2012 through May 17, 2019 (“Class Records”). Xxxxxxxx Defendants will produce Class Records for Class Members from April 17, 2012 through May 6, 2018 and Purchaser will produce Class Records for Class Members from May 7, 2018 until May 17, 2019. The Class Records will be produced to Class Counsel in the same or similar format to the sampling of time and payroll records for Class Members that Class Counsel received from Xxxxxxxx Defendants prior to and in anticipation of the Mediation and from Purchaser in connection with settlement discussions between Purchaser and Class Counsel. For the sake of clarity, nothing herein shall obligate Settling Entities to produce records which do not exist or which are otherwise not in their custody or control. Class Counsel’s expert analyst at EmployStats, will then create a comprehensive total damage analysis based on the Class Records produced by Defendants’ Counsel. These Class Records show the total time in which each Class Member clocked in/out before and after their shifts and/or meal breaks but were only paid according to their scheduled hours (excluding any and all hours outside their regularly scheduled hours for which they previously were paid). EmployStats will create a computerized algorithm to determine each Class Members’ individual damage award if the Litigation were to proceed to trial and if Class Counsel was successful in obtaining a full recovery for actual damages, liquidated damages, statutory damages, interest, costs and attorneys’ fees (the “Full Recovery Amount”). Each Class Member will be assigned an individual percentage amount of the Gross Settlement Amount based on the time detail reports and pay records. Each Class Member’s percentage amount of the Gross Settlement Amount shall be assigned to the Net Settlement Fund and in order to compute that Class Member’s share of the Net Settlement Fund (an “Individual Settlement Amount”). For example, if a Class Member’s percentage of the Full Recovery Amount is 0.25%, and the Net Distribution Amount is $3,000,000.00, the...
Net Settlement Fund and Allocation to Class Members. (A) The allocation to Class Members for Settlement Checks will be made from the Net Settlement Fund.
(B) A Class Member’s proportionate share of the Net Settlement Fund will be determined by the Settlement Claims Administrator pursuant to the following formula, which is cumulative:
(1) Each Class Member whose employment with Defendants has terminated will be assigned four points per dollar of his highest hourly wage earned during the Class Period;
(2) Each Class Member will be assigned an additional one point per dollar of his hourly wage for each week worked during the Class Period;
(3) To calculate each Class Member’s proportionate share:
(i.) Add all points for Class Members together to obtain the “Total Denominator;”
(ii.) Divide the total number of points for each Qualified Class Member by the Denominator to obtain each Class Member’s “Portion of the Net Settlement Fund.”
(4) Multiply each Class Member’s Portion of the Net Settlement Fund by the Net Settlement Fund to determine each Class Member’s “Settlement Award.”
(C) The calculation of all work weeks and hourly wages pursuant to this Section 3.4 shall be based on Defendants’ business records.
Net Settlement Fund and Allocation to Class Members. (A) The allocation to Participating Class Members for Settlement Checks will be made from the remainder of the Qualified Settlement Fund after deductions for:
(1) Court-approved attorneys’ fees and costs for Class Counsel, from which the Settlement Claims Administrator’s fees and costs will be paid; (3) Court-approved Service Awards to Named Plaintiffs; and (4) any fees associated with establishing, investing, or liquidating the Settlement Fund.
(B) The Net Settlement Fund shall be disbursed to Class Members according to the following formula:
(1) CATEGORY 1: Unpaid Wages Due to Automatic Time Deductions: The Category 1 Amount shall be 12.7% of the Net Settlement Fund. Each Class Member’s share of the Category 1 Amount shall be determined by multiplying the Category 1 Amount by the ratio of his or her total number of shifts that were six and one-half hours or longer to the total number of such shifts of the Class Members in this Category.
(2) CATEGORY 2: Gratuities Diverted to Sweet Shop Employees: The Category 2 Amount shall be 7.3% of the Net Settlement Fund. Each Class Member’s share of the Category 2 Amount shall be determined by computing the sum of (A) and (B):
(A) $3.00 times the ratio of the number of shifts the Class Member worked between January 1, 2013 and December 31, 2015 to by the total number of shifts worked by all Class Members during that period;
(B) $5.00 times the ratio of the number of shifts the Class Member worked between January 1, 2016 and March 15, 2016 to the total number of shifts worked by all Class Members during that period.
(3) CATEGORY 3: Gratuities Diverted from Party Contracts: The Category 3 Amount shall be 11.3% of the Net Settlement Fund.. Each Class Member’s share of the Category 3 Amount shall be determined by multiplying the Category 3 Amount by the ratio of the number of weeks he or she worked between December 21, 2010 and December 31, 2017 to the total number of weeks worked by all Class Members between December 21, 2010 and December 31, 2017.
(4) CATEGORY 4: Tip Credits Improperly Claimed: The Category 4 Amount shall be 36% of the Net Settlement Fund. Each Class Member’s share of the Category 4 Amount will be determined by multiplying the Category 4 Amount by the ratio of his or her total number of hours worked between December January 1, 2013 and March 15, 2016 to the total number of hours worked by all Class Members between January 1, 2013 and March 15, 2016
(5) CATEGORY 5: Wage Notice and Wage Statement Penalt...
Net Settlement Fund and Allocation to Class Members. (A) The allocation to Class Members for Settlement Checks will be made from the Net Settlement Fund.
(B) A Class Member’s proportionate share of the Net Settlement Fund will be determined by the Settlement Claims Administrator pursuant to the following formula:
(1) Each Class Member shall receive a “Minimum Settlement Award” of Seven Hundred Fifty and No/100th Dollars ($750.00);
(2) Multiply the total number of Class Members by Seven Hundred Fifty and No/100th Dollars ($750.00) to determine the Total Minimum Settlement Awards;
Net Settlement Fund and Allocation to Class Members. 1. The allocation to Class Members for Settlement Checks will be made from the Net Settlement Fund.
2. A Class Member’s share of the Net Settlement Fund will be determined pursuant to the following formula:
Net Settlement Fund and Allocation to Class Members. (A) The allocation to Class Members for Settlement Checks will be made from the Net Settlement Fund.
(B) A Class Member’s proportionate share of the Net Settlement Fund will be determined by the Settlement Claims Administrator pursuant to the following formula:
(1) Each New York Class Member who is not subject to a release of state law overtime claims executed prior to this Settlement Agreement shall be assigned three points for each week worked as an ABM in New York between March 7, 2008 and July 7, 2014. Each New York Class Member who is subject to a release of state law overtime claims executed prior to this Settlement Agreement shall be assigned one point for each week worked as an ABM in New York between March 7, 2008 and July 7, 2014.
(2) Each New Jersey, Maryland, and FLSA Class Member who is not subject to a release of state law overtime claims executed prior to this Settlement Agreement shall be assigned three points for each week worked as an ABM in any state other than New York between March 7, 2011 and July 7, 2014. Each New Jersey, Maryland, and FLSA Class Member who is subject to a release of state law overtime executed prior to this Settlement Agreement claims shall be assigned one point for each week worked as an ABM in any state other than New York between March 7, 2011 and July 7, 2014.
(3) A Class Member who is not subject to a release of claims executed prior to this Settlement Agreement may only receive three points for any particular week. A Class Member who is subject to a release of claims executed prior to this Settlement Agreement may only receive one point for any particular week.
(4) To calculate each Class Member’s proportionate share:
(a) Add all points for Class Members together to obtain the “Total Denominator”;
(b) Divide the number of points for each Class Member by the Total Denominator to obtain each Class Member’s “Portion of the Net Settlement Fund.”
(c) Multiply each Class Member’s Portion of the Net Settlement Fund by the Net Settlement Fund to determine each Class Member’s “Notional Settlement Award.” If the Class Member’s Notional Settlement Award is equal to or less than $50 (a “Minimum Award Class Member”), he or she will be offered $50, and the aggregate amount of $50 awards to Minimum Award Class Members shall be set aside from the Net Settlement Amount, with the remainder being the Reduced Net Settlement Amount.
(d) Add all points for Class Members who are not Minimum Award Class Members (“Non-Minimum Award Cl...
Net Settlement Fund and Allocation to Class Members. Each Authorized Claimant shall be entitled to pay based on the number of weeks he or she worked for Defendants. To calculate this pay, each individual Authorized Claimant’s number of workweeks shall be divided by 6644 (which is the represented total number of combined weeks worked by all class members). This results in a percentage that shall be applied to the Net Settlement Fund (Total Settlement Fund minus Attorney’s Fees, Costs & Expenses) to determine the Authorized Claimant’s recovery amount. To the extent this amount does not exceed $1,000.00 for particular Authorized Claimants, said individuals shall still receive $1,000.00 as a minimum payment guaranteed to all Authorized Claimants.
Net Settlement Fund and Allocation to Class Members. The Parties agree that the allocation formula described below is the best method for allocating settlement amounts amongst the various subgroups of Class Members, based on the presently available data.
