Workweek Modification Sample Clauses

Workweek Modification. Defendant has represented that there are approximately 8,000 workweeks worked by approximately 682 Class Members during the Class Period. In the event the actual number of workweeks worked by Class Members during the Class Period increases by more than ten percent (10%) (i.e., increases to more than 8,800 workweeks) by the time Defendant provides Class Data to the Settlement Administrator for dissemination of Class Notice, the Gross Settlement Amount shall increase on a pro-rata basis equal to the percentage increase in the number of workweeks worked by Class Members above 10% (i.e., if there is a 11% increase in the number of workweeks during the Class Period, Defendant will agree to increase the Gross Settlement Amount by 1%.)

Workweek Modification. Defendant has represented that Class Members collectively worked approximately 81,015 workweeks from April 6, 2016 through May 7, 2022, based on the available records as well as reasonable extrapolation within the relevant time period based on start and ends dates of those individuals for whom complete data was not reasonably available. If the final number of workweeks worked by Class Members prior to December 31, 2022 exceeds 89,117 (110% of the estimated number) at the time of preliminary approval, then the Gross Settlement Amount will increase proportionally for workweeks over 89,117. However, if the final number of workweeks exceeds 89,117 (110% of the estimated number), Defendant, at its option, shall have the option to shorten the Class Period to reduce the number of workweeks below 89,117 and avoid application of the escalator clause. This shall be determined by Defendant prior to hearing on the motion for preliminary approval. For example, and to illustrate the intended operation of this Section, if Defendant’s verified workweek total covering the Class Period through December 31, 2022 is 93,167, Defendant would have the option to either

Workweek Modification. Defendants estimate that there are approximately 36,000 workweeks worked by the Class Members during the Class Period. The payroll data for Defendant Rise Medical, prior to its acquisition by Advanced Medical Personnel Services, Inc., does not clearly delineate the number of weekly overtime hours worked and, thus, the Parties agree that, in order to get a useable number of workweeks worked for Rise Medical by Class Members, there is a need to apply assumptions that: (a) each workweek that a Class Member worked during the Class Period in California had overtime hours and (b) each workweek had the same amount of overtime hours worked for each Class Member during the Class Period in California. Defendants will endeavor to confirm this workweek count prior to the filing of the motion for preliminary approval. If the actual number of workweeks exceeds the estimated number of workweeks by more than 10%, the Gross Settlement Amount will increase by a percentage by which the actual number of workweeks exceeds 110% of the estimated number of workweeks. For example, if the actual number of workweeks is 115% of the estimated number of workweeks, the Gross Settlement Amount shall increase by 5%.