Calculation of Settlement Awards a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement Administrator based on records that have been or will be submitted to Class Counsel and the Settlement Administrator by Xxxx’s Flying Aces, which records are presumed to be accurate. Xxxx’s Flying Aces has provided or will provide data to Class Counsel and the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet(s), which shall contain data regarding the total number of hours in which each Proposed Class Member worked for Defendant as an hourly, non-exempt, non-managerial service employee during the Settlement Class Period. To the extent not already produced to Class Counsel and the Settlement Administrator, Xxxx’s Flying Aces shall provide the Excel spreadsheet(s) containing the foregoing data to Class Counsel and the Settlement Administrator within thirty (30) days after this Agreement is executed. Any data provided to Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law or Court order.
Calculation of Settlement Awards a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by Class Counsel based on records that have been or will be submitted to Class Counsel by Established Moving, which records are presumed to be accurate. Established Moving has provided or will provide data to Plaintiffs’ counsel reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain data regarding: (a) payroll data for all time each Proposed Class Member worked during the Settlement Class Period; (b) timesheet data for all time each Proposed Class Member worked during the Settlement Class Period; and (c) each Proposed Class Member’s rate(s) of pay for hours worked during the Settlement Class Period (to the extent not contained or reflected within the foregoing payroll and timesheet data). To the extent not already produced to Class Counsel, Established Moving shall provide the Excel spreadsheet(s) containing the foregoing data to Class Counsel within twenty (20) days after this Agreement is executed. Any data provided to Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law or Court order.
Calculation of Settlement Awards a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement Administrator based on records submitted to the Settlement Administrator by the Company, which records are presumed to be accurate. The Company will provide data to the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain the wages paid to each Proposed Class Member during the Settlement Class Period. The Company shall provide the Excel spreadsheet(s) containing the foregoing data to the Settlement Administrator within twenty (20) business days after this Agreement is preliminarily approved by the Superior Court. Any data provided to the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. The Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, or Court order.
Calculation of Settlement Awards. Each Qualified Claimant shall be entitled to a proportional share of the Net Class Fund, and this share shall be calculated as the number of weeks worked by that claimant from January 31, 2013 to March 21, 2018 divided by the total number of weeks worked by all Qualified Claimants during that same period. Gross settlement awards for each Qualified Claimant will be calculated by the Settlement Administrator (and subject to approval of Class Counsel) after the Notice Deadline in accordance with Section II.C.2 above. The Settlement Administrator shall provide Class Counsel and Defendants with an electronic report setting forth the results of these calculations within twenty-one days after the Notice Deadline. Class Counsel shall have seven days after receiving this electronic report to review the gross Settlement Award calculations for Qualified Claimants for compliance with the terms of this Agreement and to submit any concerns of corrections to the Settlement Administrator.
Calculation of Settlement Awards a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement Administrator based on records that have been or will be submitted to the Settlement Administrator by Defendant, which records are presumed to be accurate. Defendant has provided or will provide data to the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain the Class Members’ number of Workweeks worked during the Settlement Class Period. For purposes of this Agreement, a “Workweek” means any week during which a Proposed Class Member worked for Defendant for at least one day during the Settlement Class Period. Defendant shall provide the Excel spreadsheet(s) containing the foregoing data to the Settlement Administrator within thirty (30) calendar days after this Agreement is preliminarily approved by the Superior Court. Any data provided to the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. The Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, or Court order.
Calculation of Settlement Awards a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by Class Counsel based on the Class Member Data. Prior to or immediately following execution of this Agreement, Defendants shall provide Class Counsel with a sworn affidavit attesting that the Class Member Data is complete and accurate and includes all Proposed Class Members to the best of Defendants’ knowledge and ability. Class Counsel and the Settlement Administrator shall maintain the Class Member Data as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law or Court order.
Calculation of Settlement Awards a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by Class Counsel based on records that have been or will be submitted to Class Counsel by Defendants, which records are presumed to be accurate. Defendants certify that the time punch data and payroll records already produced in the Case are accurate and complete and that no additional such records exist with respect to the Settlement Class Period. To the extent that Defendants have data concerning the hourly wages and SETTLEMENT AGREEMENT - 4 last known contact information of Proposed Class Members, Defendants will furnish it (in Excel format) within ten (10) days after this Agreement is executed. Any data provided to or used by Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law or Court order.
Calculation of Settlement Awards. Within seven (7) calendar days of the Effective Date, the Settlement Administrator will calculate Settlement Award amounts, as well as the amount of the employer’s share of payroll taxes due on the wage portion of the Settlement Awards, and provide the same to counsel for review and approval.
Calculation of Settlement Awards a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by Class Counsel based on records that have been or will be submitted to Class Counsel by Defendants, which records are presumed to be accurate. Any data provided to Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law or Court order.
Calculation of Settlement Awards a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for each Class Member will be made by Class Counsel based on records that have been or will be submitted to Class Counsel by The Company, which records are presumed to be accurate. The Company will provide data to Plaintiffs’ counsel reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain data for all time each Settlement Class Member worked as an hourly, non-exempt restaurant employee in the State of Washington during the Settlement Class Period with an indication of whether the hours worked were as a server or non-server. To the extent not already produced to Class Counsel, The Company shall provide the Excel spreadsheet(s) containing the foregoing data to Class Counsel within thirty (30) days after this Agreement is preliminarily approved by the Superior Court. Any data provided to Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, or Court order.
