To the LWDA. Subject to Court approval, the PAGA Payment will be allocated to cover any and all claims for civil penalties associated with the Released Claims that were, or could have been, brought in the Actions under PAGA, 75% of which will be paid to the LWDA (i.e., the LWDA PAGA Payment) and the remaining 25% retained in the Net Settlement Amount for distribution to PAGA Members as penalties in exchange for a full and final release of PAGA claims. The Court has authority under this Agreement to increase (or reduce) the PAGA Payment up to and including at the final approval stage, and the Parties respectfully reserve the right to increase (or reduce) the PAGA Payment up to and including at the final approval stage, which may be done only through written amendment fully executed by both Parties. If the Court approves a PAGA Payment of less than the amount requested, the Administrator will allocate the remainder to the Net Settlement Amount. The Administrator will report the Individual PAGA Payments on IRA 1099 forms.
To the LWDA. The Parties will seek approval from the Court for a PAGA Payment of $25,000 out of the Gross Settlement Amount for PAGA claims that occurred between January 16, 2019 and April 21, 2021, which shall be allocated $18,750 to LWDA as its share of the Settlement of civil penalties paid under this Agreement pursuant to the PAGA (the “LWDA Payment”) and $6,250 for distribution to the PAGA Members (the “Net PAGA Amount”). If the Court approves a PAGA Payment of less than $25,000, the remainder will be retained in the Net Settlement Amount for distribution to the PAGA Members.
To the LWDA. The Settlement Administrator will pay $56,250 of the Gross Settlement Amount to the LWDA. This is 75% of the $75,000 allocated to satisfy the PAGA penalties claim. The remaining 25% of the PAGA Payment (which equates to $18,750) shall become part of the PAGA Fund and be available for distribution to PAGA Aggrieved Employees.
To the LWDA. Subject to Court approval, the PAGA Payment will be allocated to cover any and all claims for civil penalties associated with the Released Claims that were, or could have been, brought in the Actions under PAGA based on the factual allegations in the Operative Complaint and PAGA Notice; 75% of the PAGA Payment will be paid to the LWDA (i.e., the LWDA Payment) and the remaining 25% of the PAGA Payment (i.e., the Net PAGA Payment) will be distributed to PAGA Members as penalties in exchange for a full and final release of the PAGA claims. The Court has authority under this Agreement to increase (or reduce) the PAGA Payment up to and including at the final approval hearing, and the Parties respectfully reserve the right to increase (or reduce) the PAGA Payment up to and including at the final approval stage, subject to the Court’s final approval. If the Court approves a PAGA Payment of less than the amount requested, the Administrator will allocate the remainder to the Net Settlement Amount. The Administrator will report the Individual PAGA Payments on IRS 1099 Forms.
To the LWDA. Subject to Court approval, the PAGA Payment will be allocated to cover any and all claims for civil penalties associated with the Released Claims that were, or could have been, brought in the Actions under PAGA, 75% of which will be paid directly to the LWDA and the remaining 25% will be retained in the Net Settlement Amount for distribution to Participating Class Members as penalties in exchange for a full and final release of PAGA claims.
To the LWDA. The LWDA will receive a payment equal to 75% of the PAGA Payment ($75,000.00).
To the LWDA. The Parties agree to allocate a total of $25,000.00 from the Gross Settlement Amount towards PAGA penalties (the “PAGA Payment”). The Settlement Administrator shall issue and mail a check to the State of California LWDA in the amount of Eighteen Thousand Seven Hundred Fifty Dollars and No Cents ($18,750.00) (i.e., 75 percent share). The remaining Six Thousand Two Hundred Fifty Dollars and No Cents ($6,250.00) (i.e., 25 percent share) shall be distributed to all PAGA Members based on the pro rata number of pay periods they worked for Defendant during the PAGA Period compared to the number of pay periods worked by all PAGA Members during the PAGA Period. These payments are made in exchange for the PAGA Members’ and the LWDA’s release of the PAGA Released Claims. The PAGA Payments are a non-wage penalty recovery. Payroll tax withholding and deductions will not be taken from the PAGA Payments and instead Forms 1099 will be issued to PAGA Members with respect to these payments. PAGA Members will receive their PAGA Payments regardless of whether they are Participating Class Members and regardless of whether they exclude themselves from the Settlement Class. To the extent a PAGA Member is also a Settlement Class Member, the PAGA Member’s PAGA Payment will be added to their award as a Settlement Class Member and paid in a single check.
To the LWDA. The Settlement Administrator will allocate Four Thousand Dollars and Zero Cents ($4,000.00) of the Gross Settlement Amount to satisfy the PAGA penalties claim as alleged in the First Amended Complaint. Seventy-five percent (75% or $3,000.00) of the PAGA Payment shall be paid to the LWDA, and twenty-five percent (25% or $1,000.00) of the PAGA Payment shall be part of the Net Settlement Amount distributed to Participating Class Members.
To the LWDA. The Parties will seek approval from the Court for PAGA Penalties in the amount of $10,000 to be paid from the Gross Settlement Amount, with 75% ($7,500) allocated to the LWDA PAGA Payment and 25% ($2,500) allocated to the Individual PAGA Payments.
i. The Administrator will calculate each Individual PAGA Payment by (a) dividing the amount of the Aggrieved Employees' 25% share of PAGA Penalties ($2,500) by the total number of PAGA Period Pay Periods worked by all Aggrieved Employees during the PAGA Period and (b) multiplying the result by each Aggrieved Employee's PAGA Period Pay Periods. Aggrieved Employees assume full responsibility and liability for any taxes owed on their Individual PAGA Payment.
ii. If the Court approves PAGA Penalties of less than the amount requested, the Administrator will allocate the remainder to the Net Settlement Amount.
iii. The payments to PAGA Aggrieved Employees from the Net PAGA Amount shall not be subject to wage withholdings and shall be reported on IRS Form 1099.
To the LWDA. The PAGA Payment consists of seventy-five thousand dollars ($75,000.00) of the Total Consideration allocated to satisfy the PAGA claim as alleged in the Class Action. Seventy-five percent (75%) of which, fifty-six thousand two-hundred fifty dollars ($56,250.00), shall be paid to the LWDA.
