Allocation Between Subclasses Clause Samples

Allocation Between Subclasses. For purposes of distribution of payments among Final Settlement Class members, 98% of the Maximum Distributable Amount shall be allocated to the Live-In Subclass and 2% shall be allocated to the Overtime Subclass. If a Final Settlement Class member is a member of both subclasses, he or she shall be able to participate in both subclass recoveries. The Parties recognize and agree that the precise value of each Final Settlement Class member’s claims for disputed amounts of unpaid wages, interest, and penalties is extremely difficult to determine with any certainty for any given person, year, or at all, and is subject to a myriad of differing calculations and formulas. The Parties hereby agree that the formula for allocating payments to Final Settlement Class members as provided herein is reasonable and designed to provide a fair settlement to the Settlement Class Members, including both subclasses identified herein.