Common use of Payments to the Settlement Class Clause in Contracts

Payments to the Settlement Class. Settlement Awards will be determined and paid as follows: A. All Settlement Class Members will be eligible to receive a Settlement Award. California Class Members and PAGA Members are not required to submit a claim form to receive a Settlement Award. Opt-Ins, Arbitrants and Potential Arbitrants must return a release form to receive a Settlement Award. B. Class Counsel shall determine the initial allocation of the monetary amount of individual Settlement Awards for Settlement Class Members, first deducting from the Gross Settlement Amount the amounts for Class Counsel’s attorneys’ fees, Class Counsel’s costs and expenses, Plaintiff’s Class Representative Service Award, the LWDA’s share of the PAGA payment, and a Contingency Fund of $100,000. The remaining amount shall be known as the “Net Settlement Amount.” C. The Contingency Fund shall be used for Class Member Settlement Awards to account for differences between Initial Settlement Award Allocations and Final Settlement Award Allocations. D. From the Net Settlement Amount, Class Counsel will calculate each Settlement Class Member’s Settlement Award based on Class Counsel’s damages analysis, with a reasonable minimum allocation amount for each person. E. The notices of settlement to California Class Members will advise them of their Initial Settlement Award Allocation and opportunity to opt-out of the settlement. The notices of settlement to Opt-ins, Arbitrants, and Potential Arbitrants will advise them of their Initial Settlement Award Allocations and their opportunity to accept or reject the settlement. F. The Gross Settlement Amount shall be deposited with the Settlement Administrator within Ninety (90) calendar days of the Court, or if necessary, Special Master, entering an order granting final approval, or, solely in the event that there are any objections to the settlement (the filing of an objection being a prerequisite to the filing of an appeal), the later of: (i) the last date on which any appeal might be filed or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review. G. On or before the date of Defendant’s deposit of the Gross Settlement Amount with the Settlement Administrator, Class Counsel will calculate the Final Settlement Award Allocations. The allocations of any Settlement Class Members who do not participate in the settlement, as well as any unused portions of the Contingency Fund, and any requested but unapproved attorneys’ fees, costs, or enhancement awards not subject to an appeal, will be allocated pro rata to the participating Settlement Class Members after final approval. Within seven (7) calendar days of receiving the Final Settlement Award Allocation, the Settlement Administrator will prepare and mail Settlement Awards, less applicable taxes and withholdings, to participating Settlement Class Members. The Settlement Administrator shall simultaneously pay the withholdings to the applicable authorities with the necessary reports, submitting copies to Defendant’s counsel. H. For purposes of calculating applicable taxes and withholdings, each Settlement Award shall be allocated as follows: 33.3% as penalties, 33.3% interest, and 33.3% as wages. The Settlement Administrator will be responsible for issuing to participating Settlement Class members IRS Forms W-2 for amounts deemed “wages” and IRS Forms 1099 for the amounts allocated as penalties and interest. Notwithstanding the treatment of the payments to each Settlement Class member above, none of the payments called for by this Settlement Agreement, including the wage portion, are to be treated as earnings, wages, pay or compensation for any purpose of any applicable benefit or retirement plan, unless required by such plans. I. Checks issued to California Class Members will contain a release of FLSA claims on the back of the check, and California Class Members will be deemed to have opted-in to assert FLSA claims, and released those claims, by endorsing and negotiating their Settlement Award checks. J. Settlement Award checks must be cashed within 90 days from the date the Settlement Administrator mails it. If more than $10,000 of the Settlement Award checks are uncashed, there will be a second distribution of Settlement Award checks to those Class Members who cashed their checks. If less than $10,000 of the Settlement Award checks are uncashed, or any of the second Settlement Award checks are uncashed, any checks that remain uncashed within 90 days will be voided and the amount will be allocated to Legal Aid at Work, a suitable cy pres recipient following California and federal standards. K. Neither Plaintiff nor Defendant shall bear any liability for lost or stolen checks, forged signatures on checks, or unauthorized negotiation of checks. Unless responsible by its own acts of omission or commission, the same is true for the Settlement Administrator.

Payments to the Settlement Class. Settlement Class members are not required to submit a claim form to receive a payment (“Settlement Award”) from the Settlement. Settlement Awards will be determined and paid as follows: A. All The Settlement Class Members will be eligible to receive a Settlement Award. California Class Members and PAGA Members are not required to submit a claim form to receive a Settlement Award. Opt-Ins, Arbitrants and Potential Arbitrants must return a release form to receive a Settlement Award. B. Class Counsel Administrator shall determine the initial allocation of the monetary amount of individual Settlement Awards for Settlement Class Members, first deducting deduct from the Gross Settlement Amount the amounts approved by the Court for Class Counsel’s attorneys’ fees, Class Counsel’s costs and expenses, Plaintiff’s Plaintiffs’ Class Representative Service AwardAwards, the LWDASettlement Administrator’s share of the PAGA paymentfees and expenses for administration, and a Contingency Fund of $100,000the amount designated as PAGA civil penalties payable to the LWDA. The remaining amount shall be known as the “Net Settlement Amount.” C. The Contingency Fund shall be used for Class Member Settlement Awards to account for differences between Initial Settlement Award Allocations and Final Settlement Award Allocations. D. B. From the Net Settlement Amount, Class Counsel the Settlement Administrator will calculate each Settlement Class Membermember’s Settlement Award based on the following formula: i. Ninety Percent (90%) of the Net Settlement Fund shall be allocated to Settlement Class CounselMembers who worked during the Class Period, as follows: each participating Settlement Class member shall receive a proportionate settlement share based upon the number of workweeks worked during the Class Period, the numerator of which is the Settlement Class Member’s damages analysistotal workweeks worked during the Class Period, with a reasonable minimum allocation amount for each personand the denominator of which is the total workweeks worked by all Settlement Class Members who worked during the Class Period. E. The notices of settlement to California Class Members will advise them of their Initial Settlement Award Allocation and opportunity to opt-out ii. Five Percent (5%) of the settlement. The notices of settlement to Opt-ins, Arbitrants, and Potential Arbitrants will advise them of their Initial Settlement Award Allocations and their opportunity to accept or reject the settlement. F. The Gross Net Settlement Amount shall be deposited with designated as the “Wage Statement Amount.” Each participating Settlement Administrator within Ninety (90) calendar days of the Court, or if necessary, Special Master, entering an order granting final approval, or, solely in the event that there are any objections to the settlement (the filing of an objection being a prerequisite to the filing of an appeal), the later of: (i) the last date on which any appeal might be filed or (ii) the successful resolution of any appeal(s) – including expiration of Class member who was employed by Defendant at any time to seek reconsideration or further review. G. On or before from March 13, 2017 until the date of Defendant’s deposit preliminary approval, shall receive a portion of the Gross Settlement Wage Statement Amount with proportionate to the number of Workweeks worked during the period March 13, 2017 until the date of preliminary approval, the numerator of which is the Settlement Administrator, Class Counsel will calculate the Final Settlement Award Allocations. The allocations member’s gross number of any Settlement Class Members who do not participate in the settlement, as well as any unused portions of the Contingency FundWorkweeks worked during this period, and any requested but unapproved attorneys’ fees, costs, or enhancement awards not subject to an appeal, will be allocated pro rata to the participating Settlement Class Members after final approval. Within seven (7) calendar days denominator of receiving which is the Final Settlement Award Allocation, the Settlement Administrator will prepare and mail Settlement Awards, less applicable taxes and withholdings, to participating Settlement Class Members. The Settlement Administrator shall simultaneously pay the withholdings to the applicable authorities with the necessary reports, submitting copies to Defendant’s counsel. H. For purposes total number of calculating applicable taxes and withholdings, each Settlement Award shall be allocated as follows: 33.3% as penalties, 33.3% interest, and 33.3% as wages. The Settlement Administrator will be responsible for issuing to Workweeks worked by all participating Settlement Class members IRS Forms W-2 for amounts deemed “wages” and IRS Forms 1099 for the amounts allocated as penalties and interest. Notwithstanding the treatment of the payments to each Settlement Class member above, none of the payments called for by during this Settlement Agreement, including the wage portion, are to be treated as earnings, wages, pay or compensation for any purpose of any applicable benefit or retirement plan, unless required by such plansperiod. I. Checks issued to California Class Members will contain a release of FLSA claims on the back of the check, and California Class Members will be deemed to have opted-in to assert FLSA claims, and released those claims, by endorsing and negotiating their Settlement Award checks. J. Settlement Award checks must be cashed within 90 days from the date the Settlement Administrator mails it. If more than $10,000 of the Settlement Award checks are uncashed, there will be a second distribution of Settlement Award checks to those Class Members who cashed their checks. If less than $10,000 of the Settlement Award checks are uncashed, or any of the second Settlement Award checks are uncashed, any checks that remain uncashed within 90 days will be voided and the amount will be allocated to Legal Aid at Work, a suitable cy pres recipient following California and federal standards. K. Neither Plaintiff nor Defendant shall bear any liability for lost or stolen checks, forged signatures on checks, or unauthorized negotiation of checks. Unless responsible by its own acts of omission or commission, the same is true for the Settlement Administrator.

Payments to the Settlement Class. Settlement Awards will be determined and paid as follows: A. All Settlement Class Members will be eligible to receive a Settlement Award. California Class Members and PAGA Members are not required to submit a claim form to receive a payment (i.e., Individual Settlement AwardPayment). Opt-InsThe Notice of Class Action Settlement (“Class Notice”), Arbitrants and Potential Arbitrants must return a release form attached hereto as “Exhibit A,” shall state that Class Members who wish to receive Individual Settlement Payments need not do anything except keep the Settlement Administrator apprised of a current mailing address in order to receive an Individual Settlement Award. B. Class Counsel shall determine Payment check following the initial allocation Effective Date of the monetary amount of individual Settlement. Individual Settlement Awards for Payments will be determined and paid as follows: A. The Settlement Class Members, first deducting Administrator shall deduct from the Gross Settlement Amount the amounts approved by the Court for Class Counsel’s attorneys’ fees, Class Counsel’s costs Attorneys' Fees and expenses, Plaintiff’s Class Representative Service AwardCosts, the LWDA’s share of the PAGA paymentEnhancement Payment, and a Contingency Fund of $100,000the Settlement Administration Costs. The remaining amount shall be known as the “Net Settlement Amount.” C. The Contingency Fund B. Individual Settlement Payments shall be used for paid to Settlement Class Members from the Net Settlement Amount and shall be calculated by dividing the total number of workweeks worked by each Settlement Class Member Settlement Awards to account for differences between Initial Settlement Award Allocations during the Class Period (“Workweeks”) by the total number of Workweeks of all Class Members, and Final Settlement Award Allocations. D. From multiplying the resulting figure by the Net Settlement Amount, . Each Class Counsel Member will calculate each Settlement Class Member’s Settlement Award based on Class Counsel’s damages analysis, be credited with a reasonable minimum allocation amount for each personat least one (1) Workweek. E. The notices of settlement to California Class Members will advise them of their Initial Settlement Award Allocation and opportunity to opt-out of the settlement. The notices of settlement to Opt-ins, Arbitrants, and Potential Arbitrants will advise them of their Initial Settlement Award Allocations and their opportunity to accept or reject the settlement. F. The Gross Settlement Amount shall be deposited with the Settlement Administrator within Ninety (90) calendar days of the Court, or if necessary, Special Master, entering an order granting final approval, or, solely in the event that there are any objections to the settlement (the filing of an objection being a prerequisite to the filing of an appeal), the later of: (i) the last date on which any appeal might be filed or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review. G. On or before the date of Defendant’s deposit of the Gross Settlement Amount with the Settlement Administrator, Class Counsel will calculate the Final Settlement Award Allocations. The allocations of any Settlement Class Members who do not participate in the settlement, as well as any unused portions of the Contingency Fund, and any requested but unapproved attorneys’ fees, costs, or enhancement awards not subject to an appeal, will be allocated pro rata to the participating Settlement Class Members after final approval. Within seven (7) calendar days of receiving the Final Settlement Award Allocation, the Settlement Administrator will prepare and mail Settlement Awards, less applicable taxes and withholdings, to participating Settlement Class Members. The Settlement Administrator shall simultaneously pay the withholdings to the applicable authorities with the necessary reports, submitting copies to Defendant’s counsel. H. C. For purposes of calculating applicable taxes and withholdingsthis settlement, 20% of each Individual Settlement Award Payment shall be allocated as follows: 33.3% as penalties, 33.3% interest, and 33.3% as wages. The Settlement Administrator will be responsible wages (“Wages Portion”) for issuing to participating Settlement Class members which IRS Forms W-2 will be issued; 80% will be allocated to alleged unpaid penalties and interest for amounts deemed “wages” and which IRS Forms 1099-MISC will be issued. Individual Settlement Payments are subject to the employee's share of payroll taxes and withholdings on the Wages Portion. The employer's share of taxes and contributions on the Wages Portion will be paid by Defendant separately and in addition to the Gross Settlement Amount. IRS Forms W-2 and 1099 for will be distributed to Settlement Class Members and the amounts allocated as penalties and interest. Notwithstanding the treatment of appropriate taxing authorities reflecting the payments to each Settlement Class member above, none of they received under the payments called for by this Settlement Agreement, including the wage portion, are to be treated as earnings, wages, pay or compensation for any purpose of any applicable benefit or retirement plan, unless required by such plansSettlement. I. D. Checks issued to California Settlement Class Members will contain a release of FLSA claims on the back of the check, and California Class Members will be deemed to have opted-in to assert FLSA claims, and released those claims, by endorsing and negotiating for their Individual Settlement Award checks. J. Settlement Award checks Payments must be cashed cashed, deposited, or negotiated within 90 one hundred eighty (180) calendar days from the date the Settlement Administrator mails itthem, and will thereafter, be cancelled. If more than $10,000 The funds associated with an Individual Settlement Payment check to a Settlement Class Member from the First Distribution that has been cancelled will be added to the Settlement Class Member's Individual Settlement Payment check from the Second Distribution. Funds associated with Individual Settlement Payment checks from the Second Distribution that have been cancelled after the 180-day period will be transmitted to the Unclaimed Property Fund of the State Controller's Office in the name of the Settlement Award Class Members whose checks are uncashed, there will be a second distribution of Settlement Award checks to those Class Members who cashed their checks. If less than $10,000 of the Settlement Award checks are uncashed, or any of the second Settlement Award checks are uncashed, any checks that remain uncashed within 90 days will be voided and the amount will be allocated to Legal Aid at Work, a suitable cy pres recipient following California and federal standardscancelled. K. E. Neither Plaintiff nor Defendant shall bear any liability for lost or stolen checks, forged signatures on checks, or unauthorized negotiation of checks. Unless responsible by its own acts of omission or commission, the same is true for the Settlement Administrator.

Payments to the Settlement Class. Settlement Class members are not required to submit a claim form to receive a payment (“Settlement Award”) from the Settlement. Settlement Awards will be determined and paid as follows: A. All The Settlement Class Members will be eligible to receive a Settlement Award. California Class Members and PAGA Members are not required to submit a claim form to receive a Settlement Award. Opt-Ins, Arbitrants and Potential Arbitrants must return a release form to receive a Settlement Award. B. Class Counsel Administrator shall determine the initial allocation of the monetary amount of individual Settlement Awards for Settlement Class Members, first deducting deduct from the Gross Settlement Amount the amounts approved by the Court for (i) Class Counsel’s attorneys’ fees, (ii) Class Counsel’s costs and expenses, (iii) Plaintiff’s Class Representative Service Award, (iv) the Settlement Administrator’s fees and expenses for administration, (v) the employer and employee portion of payroll taxes and contributions (including the employer’s payment of applicable FICA, FUTA, and SDI contributions, etc.) to appropriate local, state, and federal taxing authorities, and (vi) the amount designated as PAGA civil penalties payable to the LWDA’s share of the PAGA payment, and a Contingency Fund of $100,000. The remaining amount shall be known as the “Net Settlement Amount.” C. The Contingency Fund shall be used for Class Member Settlement Awards to account for differences between Initial Settlement Award Allocations and Final Settlement Award Allocations. D. B. From the Net Settlement Amount, Class Counsel the Settlement Administrator will calculate each Settlement Class Membermember’s Settlement Award based on the following formula: i. The Net Settlement Amount, including the PAGA Amount of $2,500.00 payable to Settlement Class Counselmembers as described in Paragraph 3.C(5), shall be allocated to Settlement Class members who worked during the Class Period, as follows: each participating Settlement Class member shall receive a proportionate settlement share based upon the number of workweeks worked during the Class Period, the numerator of which is the Settlement Class member’s damages analysistotal workweeks worked during the Class Period, with a reasonable minimum allocation amount for each personand the denominator of which is the total workweeks worked by all Settlement Class members who worked during the Class Period. E. The notices of settlement to California Class Members will advise them of their Initial Settlement Award Allocation and opportunity to opt-out of the settlement. The notices of settlement to Opt-ins, Arbitrants, and Potential Arbitrants will advise them of their Initial Settlement Award Allocations and their opportunity to accept or reject the settlement. F. The Gross Settlement Amount shall be deposited with the Settlement Administrator within Ninety C. Within ten (9010) calendar days of the Court, or if necessary, Special Master, entering an order granting final approval, or, solely in the event that there are any objections to the settlement (the filing of an objection being a prerequisite to the filing of an appeal), the later of: (i) the last date on which any appeal might be filed or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review. G. On or before the date of Defendant’s following SB Farms’ deposit of the Gross Settlement Amount with the Settlement Administrator, Class Counsel the Settlement Administrator will calculate the Final Settlement Award Allocations. The allocations of any Settlement Class Members who do not participate in amounts and provide the settlement, as well as any unused portions of the Contingency Fund, same to counsel for review and any requested but unapproved attorneys’ fees, costs, or enhancement awards not subject to an appeal, will be allocated pro rata to the participating Settlement Class Members after final approval. Within seven (7) calendar days of receiving the Final Settlement Award Allocationapproval by counsel, the Settlement Administrator will prepare and mail Settlement Awards, less applicable taxes and withholdings, to participating Settlement Class Membersmembers. The Settlement Administrator shall simultaneously pay the withholdings to the applicable authorities with the necessary reports, submitting copies of all such reports to Defendant’s SB Farms’ counsel. H. For purposes of calculating applicable taxes and withholdings, each Settlement Award shall be allocated as follows: 33.3% as penalties, 33.3% interest, and 33.3% as wages. The Settlement Administrator will be responsible for issuing to participating Settlement Class members IRS Forms W-2 for amounts deemed “wages” and IRS Forms 1099 for the amounts allocated as penalties and interest. Notwithstanding the treatment of the payments to each Settlement Class member above, none of the payments called for by this Settlement Agreement, including the wage portion, are to be treated as earnings, wages, pay or compensation for any purpose of any applicable benefit or retirement plan, unless required by such plans. I. Checks issued to California Class Members will contain a release of FLSA claims on the back of the check, and California Class Members will be deemed to have opted-in to assert FLSA claims, and released those claims, by endorsing and negotiating their Settlement Award checks. J. Settlement Award checks must be cashed within 90 days from the date the Settlement Administrator mails it. If more than $10,000 of the Settlement Award checks are uncashed, there will be a second distribution of Settlement Award checks to those Class Members who cashed their checks. If less than $10,000 of the Settlement Award checks are uncashed, or any of the second Settlement Award checks are uncashed, any checks that remain uncashed within 90 days will be voided and the amount will be allocated to Legal Aid at Work, a suitable cy pres recipient following California and federal standards. K. Neither Plaintiff nor Defendant shall bear any liability for lost or stolen checks, forged signatures on checks, or unauthorized negotiation of checks. Unless responsible by its own acts of omission or commission, the same is true for the Settlement Administrator.

Payments to the Settlement Class. Settlement Awards will be determined and paid as follows: A. All Settlement Class Members will be eligible to receive a Settlement Award. California Class Members and PAGA Members are not required to submit a claim form to receive a Settlement Award. Opt-Ins, Arbitrants and Potential Arbitrants must return a release form to receive a Settlement Award. B. Class Counsel shall determine the initial allocation their share of the monetary amount of individual Net Settlement Awards for Amount (“Individual Settlement Class Members, Payment”). Individual Settlement Payments will be determined and paid as follows: A. The Settlement Administrator shall first deducting deduct from the Gross Maximum Settlement Amount the amounts approved by the Court for Class Counsel’s attorneysAttorneys’ feesFees and Costs, Class Counsel’s costs and expensesEnhancement Payments, Plaintiff’s Class Representative Service Award, the LWDA’s share of the PAGA paymentSettlement Administration Costs, and a Contingency Fund of $100,000the LWDA Payment. The remaining amount shall be known as the “Net Settlement Amount.” C. The Contingency Fund shall be used for Class Member ” To the extent the Court does not approve the full requested Attorneys’ Fees and costs, Enhancement Payments, or Settlement Awards Administration Costs, the Net Settlement Amount will increase by the difference in the amounts agreed to account for differences between Initial Settlement Award Allocations herein and Final Settlement Award Allocationsby the amounts actually approved by the Court. D. B. From the Net Settlement Amount, Class Counsel the Settlement Administrator will calculate each Settlement Class Member’s Individual Settlement Award Payment based on the following formula: The Net Settlement Amount will be apportioned to each Settlement Class CounselMember based on their proportionate number of Pay Periods, by multiplying the Net Settlement Amount by a fraction, the numerator of which is the Settlement Class Member’s damages analysis, with a reasonable minimum allocation amount for each person. E. The notices of settlement to California Class Members will advise them of their Initial Settlement Award Allocation and opportunity to opt-out of the settlement. The notices of settlement to Opt-ins, Arbitrantsindividual total Pay Periods, and Potential Arbitrants will advise them the denominator of their Initial which is the total number of Pay Periods of all Settlement Award Allocations and their opportunity to accept or reject the settlement. F. The Gross Class Members. One-third of each Individual Settlement Amount Payment shall be deposited with considered wages (“Wages Portion”) and subject to reduction for all applicable employee’s and employer’s share of payroll contributions and withholdings, which shall be reported by the Settlement Administrator within Ninety on an IRS Form W-2. The Net Settlement Amount is inclusive of the employee’s and employer’s share of payroll contributions and withholdings and the Settlement Administrator shall be responsible for remitting said amounts to the appropriate taxing authorities. Two-thirds of each Individual Settlement Payment shall be allocated as interest, penalties, and other non-wage damages (90“Non-Wages Portion”), which shall be reported by the Settlement Administrator on an IRS Form 1099. C. Within twenty-one (21) calendar days of after the Court, or if necessary, Special Master, entering an order granting final approval, or, solely in the event that there are any objections to the settlement (the filing of an objection being Court enters a prerequisite to the filing of an appeal)Final Approval Order and Judgment, the later of: (i) Settlement Administrator will calculate the last date Settlement Class Members’ Individual Settlement Payments based on which any appeal might be filed or (ii) the successful resolution formula set forth herein, and provide notice of any appeal(s) – including expiration of any time said amounts to seek reconsideration or further reviewClass Counsel and Defendant’s Counsel. G. On or before D. Within ten (10) business days following the date of Defendant’s deposit of the Gross Maximum Settlement Amount with the Settlement Administrator, Class Counsel will calculate the Final Settlement Award Allocations. The allocations of any Settlement Class Members who do not participate in the settlement, as well as any unused portions of the Contingency Fund, and any requested but unapproved attorneys’ fees, costs, or enhancement awards not subject to an appeal, will be allocated pro rata to the participating Settlement Class Members after final approval. Within seven (7) calendar days of receiving the Final Settlement Award Allocation, the Settlement Administrator will prepare and mail Individual Settlement Awards, less applicable taxes and withholdings, to participating Settlement Class Members. The Settlement Administrator shall simultaneously pay the withholdings to the applicable authorities with the necessary reports, submitting copies to Defendant’s counsel. H. For purposes of calculating applicable taxes and withholdings, each Settlement Award shall be allocated as follows: 33.3% as penalties, 33.3% interest, and 33.3% as wages. The Settlement Administrator will be responsible for issuing to participating Settlement Class members IRS Forms W-2 for amounts deemed “wages” and IRS Forms 1099 for the amounts allocated as penalties and interest. Notwithstanding the treatment of the payments to each Settlement Class member above, none of the payments called for by this Settlement Agreement, including the wage portion, are to be treated as earnings, wages, pay or compensation for any purpose of any applicable benefit or retirement plan, unless required by such plans. I. Checks issued to California Class Members will contain a release of FLSA claims on the back of the check, and California Class Members will be deemed to have opted-in to assert FLSA claims, and released those claims, by endorsing and negotiating their Settlement Award checks. J. Settlement Award checks must be cashed within 90 days from the date the Settlement Administrator mails it. If more than $10,000 of the Settlement Award checks are uncashed, there will be a second distribution of Settlement Award checks to those Class Members who cashed their checks. If less than $10,000 of the Settlement Award checks are uncashed, or any of the second Settlement Award checks are uncashed, any checks that remain uncashed within 90 days will be voided and the amount will be allocated to Legal Aid at Work, a suitable cy pres recipient following California and federal standards. K. Neither Plaintiff nor Defendant shall bear any liability for lost or stolen checks, forged signatures on checks, or unauthorized negotiation of checks. Unless responsible by its own acts of omission or commission, the same is true for the Settlement Administrator.Payments to

Payments to the Settlement Class. Members of the Settlement Classes are not required to submit a claim form to receive a payment (“Settlement Award”) from the Settlement. Settlement Awards will be determined and paid as follows: A. All The Settlement Class Members will be eligible to receive a Settlement Award. California Class Members and PAGA Members are not required to submit a claim form to receive a Settlement Award. Opt-Ins, Arbitrants and Potential Arbitrants must return a release form to receive a Settlement Award. B. Class Counsel Administrator shall determine the initial allocation of the monetary amount of individual Settlement Awards for Settlement Class Members, first deducting deduct from the Gross Settlement Amount the amounts approved by the Court for Class Counsel’s attorneys’ fees, Class Counsel’s costs and expenses, Plaintiff’s Class Plaintiffs’ Class/PAGA Representative Service AwardAwards, the LWDASettlement Administrator’s share of fees and expenses for administration, and the PAGA payment, and a Contingency Fund of $100,000Penalties. The remaining amount shall be known as the “Net Settlement Amount.” C. The Contingency Fund shall be used for Class Member Settlement Awards to account for differences between Initial Settlement Award Allocations and Final Settlement Award Allocations. D. B. From the Net Settlement Amount, Class Counsel the Settlement Administrator will calculate each Settlement Class Membermember’s Settlement Award based on Class Counsel’s damages analysis, with a reasonable minimum allocation amount for each person.the following formula: E. The notices of settlement to California Class Members will advise them of their Initial Settlement Award Allocation and opportunity to opt-out i. Fifty Percent (50%) of the settlement. The notices of settlement to Opt-ins, Arbitrants, and Potential Arbitrants will advise them of their Initial Settlement Award Allocations and their opportunity to accept or reject the settlement. F. The Gross Net Settlement Amount shall be deposited with designated as the Settlement Administrator within Ninety (90) calendar days of the Court, or if necessary, Special Master, entering an order granting final approval, or, solely in the event that there are any objections to the settlement (the filing of an objection being a prerequisite to the filing of an appeal), the later of: (i) the last date on which any appeal might be filed or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review“Minimum Wage/Overtime Amount. G. On or before the date of Defendant’s deposit of the Gross Settlement Amount with the Settlement Administrator, Class Counsel will calculate the Final Settlement Award Allocations. The allocations of any Settlement Class Members who do not participate in the settlement, as well as any unused portions of the Contingency Fund, and any requested but unapproved attorneys’ fees, costs, or enhancement awards not subject to an appeal, will be allocated pro rata to the ” Each participating Settlement Class Members after final approval. Within seven (7) calendar days member who was employed by Defendant at any time during the Minimum Wage/Overtime Class Period, shall receive a portion of receiving the Final Settlement Award AllocationMinimum Wage/Overtime Amount proportionate to the number of workweeks worked during the Minimum Wage/Overtime Class Period, the Settlement Administrator will prepare and mail Settlement Awards, less applicable taxes and withholdings, to participating numerator of which is the Settlement Class Members. The Settlement Administrator shall simultaneously pay the withholdings to the applicable authorities with the necessary reports, submitting copies to Defendantmember’s counsel. H. For purposes gross number of calculating applicable taxes and withholdings, each Settlement Award shall be allocated as follows: 33.3% as penalties, 33.3% interestworkweeks worked during this period, and 33.3% as wages. The Settlement Administrator will be responsible for issuing to the denominator of which is the total number of Workweeks worked by all participating Settlement Class members IRS Forms W-2 for amounts deemed “wages” and IRS Forms 1099 for the amounts allocated as penalties and interestduring this period. ii. Notwithstanding the treatment Thirty Percent (30%) of the payments Net Settlement Amount shall be designated as the “Meal and Rest Period Amount.” Each participating Settlement Class member who was employed by Defendant at any time during the Meal and Rest Period Class Period, shall receive a portion of the Meal and Rest Period Amount proportionate to the number of workweeks worked during the Meal and Rest Period Class Period, the numerator of which is the Settlement Class member’s gross number of workweeks worked during this period, and the denominator of which is the total number of Workweeks worked by all participating Settlement Class members during this period. iii. Ten Percent (10%) of the Net Settlement Amount shall be designated as the “Wage Statement Amount.” Each participating Settlement Class member who was employed by Defendant at any time during the Wage Statement Class Period, shall receive a portion of the Wage Statement Amount proportionate to the number of Workweeks worked during the Wage Statement Class Period, the numerator of which is the Settlement Class member’s gross number of workweeks worked during this period, and the denominator of which is the total number of workweeks worked by all participating Settlement Class members during this period. iv. Ten Percent (10%) of the Net Settlement Amount shall be designated as the “Waiting Time Amount.” Each participating Settlement Class member who separated their employment from Defendant during the Waiting Time Class Period shall receive an equal, pro-rata share of the Waiting Time Amount. The total amount designated as “Waiting Time Amount” shall be divided equally among each Settlement Class member above, none of who separated their employment during the payments called for by this Settlement Agreement, including the wage portion, are to be treated as earnings, wages, pay or compensation for any purpose of any applicable benefit or retirement plan, unless required by such plansWaiting Time Class Period. I. Checks issued to California Class Members will contain a release of FLSA claims on the back of the check, and California Class Members will be deemed to have opted-in to assert FLSA claims, and released those claims, by endorsing and negotiating their Settlement Award checks. J. Settlement Award checks must be cashed within 90 days from the date the Settlement Administrator mails it. If more than $10,000 of the Settlement Award checks are uncashed, there will be a second distribution of Settlement Award checks to those Class Members who cashed their checks. If less than $10,000 of the Settlement Award checks are uncashed, or any of the second Settlement Award checks are uncashed, any checks that remain uncashed within 90 days will be voided and the amount will be allocated to Legal Aid at Work, a suitable cy pres recipient following California and federal standards. K. Neither Plaintiff nor Defendant shall bear any liability for lost or stolen checks, forged signatures on checks, or unauthorized negotiation of checks. Unless responsible by its own acts of omission or commission, the same is true for the Settlement Administrator.