Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment, assuming court approval of the Settlement. Your settlement payment will be calculated based on the estimated number of rest breaks and meal periods you should have received during the time period covered by the Settlement, the rate(s) paid to you for your work, and the amount of time that has passed since those breaks should have occurred, all based on the time and pay records maintained by Garda, and calculations performed by a court-approved expert. Based on Garda’s records, Plaintiffs’ expert has estimated your individual gross settlement amount to be <merge payment amount>, less applicable withholdings. This amount may change based on future court rulings or other developments in connection with the settlement. Checks will be mailed to Settlement 43136460.4 Comment [DJ1]: To be included if available at the time Notice is prepared for mailing. Class Members by the Settlement Administrator. If any checks have not been deposited within ninety (90) days after distribution, the funds from those checks will be considered Residual Funds, which will be distributed to the Legal Foundation of Washington and the Public Citizen Litigation Project. Tax Treatment of Settlement Awards: Thirty-three percent (33%) of each Settlement Class Member’s settlement award will be treated as wages subject to normal tax withholding, and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Sixty-seven percent (67%) of each Settlement Class Member’s settlement award will be treated as non-wages (penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. Garda will pay the employer’s share of payroll taxes due as part of the Settlement, and such payments shall not be deducted from the $12,500,000 settlement amount. Release of Claims: Upon final approval by the Court, the Settlement Class and each Settlement Class Member who has not submitted a valid and timely written request to be excluded from the Settlement will irrevocably release all claims against Garda that were asserted in either or both lawsuits relating to rest or meal periods for the time period from February 11, 2006, through and including August 5, 2018. This Release includes any...
Distribution of Settlement Fund. 2 19. Each Allocation Pool shall be distributed to Eligible Claimants in that Allocation Pool on 3 a pro rata basis according to their Eligible Purchases.
Distribution of Settlement Fund. After all valid claims are determined and the Settlement is approved after the Final Fairness Hearing, but in no event later than thirty-five (35) days after the Effective Date, the Class Administrator shall distribute money from the Aggregate Settlement Fund, in accordance with its Final Payment determination referenced in Paragraph 34 above, to the Settlement Class Members who have not opted out. All available funds will be distributed to the Settlement Class Members.
Distribution of Settlement Fund a. All Settlement Class Members shall be entitled to submit a Claim by submitting a Claim Form (to seek a Settlement Payment from the Settlement Fund) prior to the Claim Deadline. Each Class Member is limited to one Claim. A Settlement Class Member, or a Settlement Class Member’s legally authorized representative on behalf of a given Settlement Class Member, may submit the Claim Form by mailing the Claim Form to the Settlement Administrator or submitting the Claim Form through the Settlement Website. The Claim Form, whether electronic or in paper form, shall be substantially in the form attached hereto as Exhibit 1. The Net Settlement Fund shall be divided equally among all Class Members with Approved Claims, such that each Class Member with an Approved Claim will be entitled to a Settlement Payment, from the Settlement Fund, equal to that Class Member’s pro rata share of the Net Settlement Fund.
Distribution of Settlement Fund. 1. Any Settlement Class Member who does not opt out pursuant to Section II.D is subject to and bound by the releases set forth in Section V.
Distribution of Settlement Fund. Each Settlement Class Member may submit a Claim Form. Timely submission of a Valid Claim Form shall entitle the Class Member to receive a cash payment from the Settlement Fund equal to the Class Member’s pro rata share of the Settlement Fund after Administrative Expenses, the Fee Award, and an Incentive Award have been deducted from the Settlement Fund. Every Settlement Class Member who timely submits a Valid Claim Form shall receive the same benefit, including the same amount of cash from the Settlement Fund, as every other Class Member who timely submits a Valid Claim Form.
Distribution of Settlement Fund a. Class Members shall have until the Claims Deadline to submit a Claim Form. Each Class Member with an Approved Claim shall be entitled to a Settlement Payment from the Settlement Fund equal to the Class Member’s pro rata share of the Settlement Fund after Administrative Expenses, any Service Award, and any Fee and Expense Award have been deducted from the Settlement Fund.
Distribution of Settlement Fund. Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Each Settlement Class Member who does not request exclusion shall receive a minimum settlement payment of $25.00. The remaining monies from the Class Fund (after deducting for minimum settlement payments) will be allocated to individual Settlement Class Members and Settlement Subclass Members as follows: (i) thirty percent (30%) shall be allocated to Settlement Class Members pro- rata based on the total net amounts deducted for worker’s compensation/industrial insurance premiums between April 29, 2019, and [DATE OF PRELIMINARY APPROVAL] as recorded in FPG’s payroll records; and (ii) seventy percent (70%) shall be allocated to Settlement Subclass Members pro-rata based on the number of hours worked for FPG in the State of Washington a as a funeral director, funeral director in training, or other similar position within the funeral director family of positions at FPG (e.g., funeral director/embalmer, funeral director/embalmer in training, lead funeral director, and funeral arranger) between April 29, 2019, and [DATE OF PRELIMINARY APPROVAL] as recorded in FPG’s time records. Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been negotiated within one hundred twenty (120) days after distribution, the funds from those checks will sent in the corresponding Settlement Class Member’s name to the Unclaimed Property Fund for the State of Washington. FPG will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Forty Percent (40%) of each Settlement Award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member and Settlement Subclass Member on an IRS Form W-2. Sixty Percent (60%) of each Settlement Award will be treated as non-wages (a combination of penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099-MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member and Settlement Subclass Member. In addition to the monies it is contributing to the Settlement Fund described above, FPG is also paying all required employer-paid taxes incurred as part of the Settlement. FPG’s payment of these employer-paid taxes will not decrease the funds available to Settle...
Distribution of Settlement Fund. Class counsel will petition the Court for a service award to the named Plaintiffs Xxxxx Xxxx and Xxxxx Xxxxxxx will each receive an incentive award of $ 10,000 each for their willingness to step forward and file suit, and otherwise commit time and effort as a Class Representative, including providing deposition testimony and other crucial information to support the prosecution of the litigation. This amount was determined to be appropriate only after an agreement had been reached on the award to the Class Members and other terms of this Agreement. In the event the incentive award is not finally approved by the Court, the rest of this Agreement shall remain in full force and effect. Plaintiffs Xxxxx Xxxx and Xxxxx Xxxxxxx will file a claim on the settlement, but will not receive any payments other than the incentive award should such a payment be approved by the Court and exceed an expected settlement payment from the pro rata formula noted below. Fifteen members of the class were deposed in this action, in addition to the Plaintiffs. The parties have agreed to provide these individuals with a small service award ($500.00 per individual above their pro-rata share of the settlement fund, for a total of $7,500.00) for being deposed during the pendency of this action. Should any of the following individuals file a claim, they will, assuming approval by the Court, receive this service award: Xxxxxxxxxx Xxxxxxxxx, Xxxxx Xxxxxxxx, Xxxxx Xxxxxxx, Xxxxxx Xxxxxxx, Xxxxx Xxxx, Xxxx Xxxxx, Xxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxx Xxxxxxx, Xxxxx X’Xxxxxxxxxxx, Xxxxxx Xxxxxx, Xxxxxxx Xxxxxx, Xxxxxx Xxxxxx, Xxxxxx Xxxxxxx, and Xxxxxx Xxxxxxxxxx. These individuals will only receive a service award if they file a claim. Class Counsel will petition the Court for an award of attorneys’ fees equating to 30% of the entire Settlement Fund, or $300,000.00. Defendants shall not oppose Class Counsel’s application for said award of fees and expenses, nor will they oppose any appeal filed by Class Counsel relative to their application for an award of attorneys’ fees. The parties acknowledge that class counsel spent a significant amount of time litigating this matter, and the award of attorneys’ fees will not cover the amount of attorneys’ fees to which they would be entitled should they file an application as representatives of a prevailing party under 42 U.S.C. § 1988 or Fed. R. Civ. Proc. Rule 23. In the event the attorneys’ fees and expenses are not finally approved by the Court, the r...
Distribution of Settlement Fund. 4.1 Settlement Class Members who submit a valid and timely Final Claim Form and who do not opt out shall be deemed eligible for an award from the Settlement Fund.
