Unexpected Workweeks/Escalator Clause Sample Clauses

Unexpected Workweeks/Escalator Clause. Defendant represents that there are an estimated 11,894 pay periods worked during the Class Period. If the number of pay periods worked during the Class Period is more than 10% greater than this figure (i.e., if there are 13,084 or more pay periods worked by the settlement Class Members during the Class Period), Defendant agrees to increase the Gross Settlement Amount on a proportional basis (i.e., if there was 12% increase in the number pay periods worked during the Class Period, Defendant would agree to increase the Gross Settlement Amount by 12%).

Unexpected Workweeks/Escalator Clause. Defendant represents that there are an estimated 413,810.7 workweeks worked by the PAGA Employees and Members of the Settlement Classes (combined) during the period of December 20, 2015 through the date of preliminary approval of the Settlement. If the number of workweeks during the period of December 20, 2015 through the date of preliminary approval of the Settlement worked by the PAGA Employees and Members of the Settlement Classes (combined) is more than 10% greater than this figure (i.e., if there are more than 455,191.8workweeks worked by the PAGA Employees and Members of the Settlement Classes (combined)during the period of December 20, 2015 through the date of preliminary approval of the Settlement), Defendant shall have the sole option to either: (i) agree that the Gross Settlement Amount will be increased proportionately for the additional workweeks exceeding the 10% threshold; for example, if the number of workweeks increases by 13%, the Gross Settlement Amount would be increased by three percent (3%); or (ii) elect to cut-off the end of the Class Periods and PAGA Period as of the date that the increase in workweeks reaches 455,191.8.

Unexpected Workweeks/Escalator Clause. Defendant represents that there are an estimated 7,337 workweeks during the Class Period as of April 1, 2022. If the number of workweeks during the Class Period is more than 10% greater than this figure (i.e., if there are 8,071 or more workweeks worked by the Settlement Class Members during the Class Period), Defendant agrees to increase the Gross Settlement Amount on a proportional basis (i.e., if there was 10% increase in the number workweeks during the Class Period above 8,071, Defendant would agree to increase the Gross Settlement Amount by 10%). Defendant agrees to deposit any increase to the Gross Settlement Amount owed pursuant to this term by the date on which the fourth and final installment payment is due. Alternatively, should the number of workweeks actually worked by Class members in the Class Period trigger this escalator clause, Defendant, at its sole option, can agree to shorten the end date of the Class Period to a date prior to the date of Preliminary Approval such that the escalator clause is not triggered (i..e. the end date of the Class Period and PAGA Period would be the date prior to the date of Preliminary Approval on which the total workweeks worked by the Class Members is closest to but does not exceed 8,071).