Common use of Distribution of Settlement Fund Clause in Contracts

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 claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENT

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 an analysis of your time records at HRG, which includes the estimated number of rest breaks work weeks you worked in a front of house position at the Meet the Moon and/or Xxxxx x Xxxxx restaurants. Each Settlement Class Member will receive a minimum payment of $5.00. The calculation of the remainder of the settlement award for each individual Settlement Class Member will be based on two operations: (1) the percentage relationship between the aggregate number of work weeks of all Settlement Class Members between November 12, 2017 and meal periods you should have received during March 18, 2020, in a “front of house” position at the time period covered by Meet the Settlement, the rate(s) paid to you for your work, Moon and/or Xxxxx x Xxxxx restaurants and the amount number of time that has passed since those breaks should have occurredwork weeks of the individual Settlement Class Member in a “front of house” position at the Meet the Moon and/or Xxxxx x Xxxxx restaurants between November 12, 2017 and March 18, 2020; and (2) the percentage relationship between the aggregate number of work weeks of all based on Settlement Class Members between March 28, 2018 and February 20, 2019, in a “front of house” position at the time Meet the Moon and/or Xxxxx x Xxxxx restaurants and pay records maintained by Gardathe number of work weeks of the individual Settlement Class Member in a “front of house” position at the Meet the Moon and/or Xxxxx x Xxxxx restaurants between March 28, 2018 and calculations performed by a court-approved expert. Based on Garda’s recordsFebruary 20, 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 settlement2019. 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 one hundred twenty (90180) days after distribution, the funds from those checks will be considered Residual Funds, which . These Residual Funds will be distributed to the Legal Foundation of Washington and the Public Citizen Litigation ProjectWashington. HRG will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Thirty-three Forty percent (3340%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding, withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Sixty-seven Sixty percent (6760%) of each Settlement Class Member’s 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 (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. Garda will pay In addition to the monies it is contributing to the Settlement Fund described above, HRG is also paying all required employer’s share of payroll -paid taxes due incurred as part of the Settlement, and such payments shall . HRG’s payment of these employer-paid taxes will not be deducted from decrease the $12,500,000 settlement amount. Release of Claims: Upon final approval by the Court, the funds available to 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 claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENTMembers.

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 an analysis of rest breaks and meal periods you should have received during the your time period covered by the Settlementrecords at Caffe Vita, the rate(s) paid to you for which includes your workhours worked, job codes, and rates of pay. The calculation of the amount of time that has passed since those breaks should have occurred, all settlement award for each individual Settlement Class Member will be based on the time percentage relationship between the dollar value of all potential meal periods and pay records maintained by Gardarest breaks the employee was entitled to at Caffe Vita between October 16, 2016, and calculations performed by a court-approved expert. Based on Garda’s recordsDecember 31, Plaintiffs’ expert has estimated your individual gross settlement amount 2019 (the “Claim Period”) and the aggregate dollar value of all potential meal periods and rest breaks that all Settlement Class Members were potentially entitled to be <merge payment amount>, less applicable withholdings. This amount may change based on future court rulings or other developments in connection with at Caffe Vita during the settlementClaim Period. 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 . These Residual Funds will be distributed to the Legal Foundation of Washington and the Public Citizen Litigation ProjectWashington. Defendant will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Thirty-three percent Fifty Percent (3350%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding, withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Sixty-seven percent Fifty Percent (6750%) of each Settlement Class Member’s settlement award will be treated as non-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 In addition to the monies it is contributing to the Settlement Fund described above, Defendant is also paying all required employer’s share of payroll -paid taxes due incurred as part of the Settlement, and such payments shall . Defendant’s payment of these employer-paid taxes will not be deducted from decrease the $12,500,000 settlement amount. Release of Claims: Upon final approval by the Court, the funds available to 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 claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENTMembers.

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 Each Class Member who does not request exclusion shall receive a minimum settlement payment of $50.00. The remaining monies from the Class Fund will be allocated based on hours worked in the State of Washington during the Class period using a weighted hours formula. The weighted hours formula will attribute each hour worked as a non-server at 100% and each hour worked as a server at 105%. Awards to individual Settlement Class Members will be calculated based on the estimated number of rest breaks and meal periods you should have received pro rata by dividing each Settlement Class Member’s total weighted hours during the time period covered Class Period by the Settlement, total the rate(s) paid to you total aggregate weighted hours for your work, all Settlement Class and then multiplying the amount of time that has passed since those breaks should have occurred, all based on resulting ratio by 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 remaining monies in connection with the settlementClass Fund. 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 negotiated within ninety one hundred twenty (90120) calendar days after distribution, the funds from those checks will be considered Residual Funds, which will be distributed sent in the corresponding Settlement Class Member’s name to the Legal Foundation Unclaimed Property Fund for the State of Washington and pursuant to the Public Citizen Litigation ProjectUnclaimed Property Act (RCW 63.29 et seq). The Company will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Thirty-three percent Fifty Percent (3350%) of each individual Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding, withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Sixty-seven percent Fifty Percent (6750%) of each individual Settlement Class Member’s 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 1099-MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. Garda will pay The Company makes no representations as to the employertaxability of each Class Member’s share of payroll taxes due as part of the Settlement, settlement aware 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 claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENTyou should seek tax advice if needed.

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 Class fund will be calculated allocated to individual Settlement Class Members pro rata based on workweeks worked, by (a) dividing the estimated Class Fund by the total number of rest breaks and meal periods you should have received Workweeks worked by all Settlement Class Members during the time period covered Settlement Class Period and (b) multiplying the result by the Settlement, the rate(s) paid to you for your work, and the amount number of time that has passed since those breaks should have occurred, all based on the time and pay records maintained Workweeks worked by Garda, and calculations performed by a court-approved expert. Based on Garda’s records, Plaintiffs’ expert has estimated your each 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 settlementSettlement Class Member. 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 negotiated within ninety one hundred twenty (90120) calendar days after distribution, the funds from those checks will be considered Residual Funds, which will be distributed sent in the corresponding Settlement Class Member’s name to the Legal Foundation Unclaimed Property Fund for the State of Washington and pursuant to the Public Citizen Litigation ProjectUnclaimed Property Act (RCW 63.29 et seq). The Company will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Thirty-three percent Fifty Percent (3350%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding, withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Sixty-seven percent Fifty Percent (6750%) of each Settlement Class Member’s settlement award will be treated as non-non- wages (a combination of penalties, enhancements, liquidated/exemplary damages, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 1099- MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. Garda will pay In addition to its contribution to the Settlement Fund described above, The Company is also paying all required employer’s share of payroll -paid taxes due incurred as part of the Settlement, and such payments shall . The Company’s payment of these employer-paid taxes will not be deducted from decrease the $12,500,000 settlement amount. Release of Claims: Upon final approval by the Court, the funds available to 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 claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENTMembers.

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 an analysis of your alleged unpaid commissions based on records maintained by Defendant. The calculation of 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 settlement award for your work, and the amount of time that has passed since those breaks should have occurred, all each individual Settlement Class Member will be based on the time percentage relationship between the dollar value of the estimated alleged unpaid commissions and pay records maintained by Garda, and calculations performed by a court-approved expert. Based on Garda’s records, Plaintiffs’ expert has the aggregate dollar value of all 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 alleged unpaid commissions for all eligible Settlement Class Members during the settlementSettlement Class Period. Checks will be mailed to eligible 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 then such unclaimed funds from those checks will be considered Residual Funds, which will be distributed to the Legal Foundation of Washington and the Public Citizen Litigation Northwest Justice Project. Defendant will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: ThirtyOne-three percent third (3333.3%) of each eligible Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding, withholding and shall be reported to the taxing authorities and the eligible Settlement Class Member on an IRS Form W-2. SixtyTwo-seven percent thirds (6766.7%) of each eligible 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 eligible Settlement Class Member. Garda will pay In addition to the funds Defendant is contributing to the Settlement described above, it is also paying all required employer’s share of payroll -paid taxes due as part on the wage portions of the Settlement, and such payments shall settlement awards. Defendant’s payment of these employer-paid taxes will not be deducted from decrease the $12,500,000 settlement amount. Release of Claims: Upon final approval by the Court, the funds available to 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 claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENTMembers.

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 an analysis of your time records at Established Moving, which includes your hours worked and rates of pay. The calculation of 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 settlement award for your work, and the amount of time that has passed since those breaks should have occurred, all each individual Settlement Class Member will be based on the time and pay records maintained by Gardapercentage relationship between the dollar value of all potential unpaid wages, overtime, and calculations performed by a court-approved expert. Based on Garda’s recordsPaid Sick and Safe Leave the employee was entitled to at Established Moving between May 20, Plaintiffs’ expert has estimated your individual gross settlement amount 2016, and July 22, 2019 (the “Claim Period”) and the aggregate dollar value of all potential unpaid wages, overtime, and Paid Sick and Safe Leave that all Settlement Class Members were potentially entitled to be <merge payment amount>, less applicable withholdings. This amount may change based on future court rulings or other developments in connection with at Established Moving during the settlementClaim Period. 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 one hundred eighty (90180) days after distribution, the funds from those checks will be considered Residual Funds, which . These Residual Funds will be distributed to the Legal Foundation of Washington and the Public Citizen Litigation ProjectWashington. Established Moving will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Thirty-three percent Forty Percent (3340%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding, withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Sixty-seven percent Sixty Percent (6760%) of each Settlement Class Member’s settlement award will be treated as non-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 (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. Garda will pay In addition to the monies it is contributing to the Settlement Fund described above, Established Moving is also paying all required employer’s share of payroll -paid taxes due incurred as part of the Settlement, and such payments shall . Established Moving’s payment of these employer-paid taxes will not be deducted from decrease the $12,500,000 settlement amount. Release of Claims: Upon final approval by the Court, the funds available to 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 claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENTMembers.

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 Class Counsel’s analysis of your payroll and time records at JBS, which includes your recorded hours worked and rates of pay. The calculation of 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 settlement award for your work, and the amount of time that has passed since those breaks should have occurred, all each individual Settlement Class Member will be based on the time comparison between the dollar value of the potential unpaid wages the employee was entitled to at JBS between September 5, 2014 and pay records maintained by GardaFebruary 5, 2020 and calculations performed by a court-approved expert. Based on Garda’s records, Plaintiffs’ expert has estimated your individual gross settlement amount the aggregate dollar value of the potential unpaid wages that all Settlement Class Members were potentially entitled to be <merge payment amount>, less applicable withholdings. This amount may change based on future court rulings or other developments in connection with the settlementat JBS during that time. 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 AdministratorJBS. If any checks have not been cashed or deposited within ninety one hundred eighty (90180) days after distribution, the funds from those checks will be considered unclaimed property and deemed Residual Funds, which . These Residual Funds will be distributed to the Legal Foundation of Washington and the Public Citizen Litigation ProjectWashington. JBS will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Thirty-three percent Fifty Percent (3350%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal applicable tax withholding, withholdings and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Sixty-seven percent Fifty Percent (6750%) of each Settlement Class Member’s settlement award will be treated as non-non- wages (penalties, enhancements, and prejudgment interest) on from which there will be no tax withholding withholdings 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 In addition to the monies it is contributing to the Settlement Fund described above, JBS is also paying all required employer’s share of payroll -paid taxes due incurred as part of the Settlement, and such payments shall . JBS’s payment of these employer-paid taxes will not be deducted from decrease the $12,500,000 settlement amount. Release of Claims: Upon final approval by the Court, the funds available to 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 claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENTMembers.

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 Class Counsel’s analysis of your payroll, time records and duties while working at The Willows Inn, as well as based on interviews of Plaintiffs and other Class members. The calculation of 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 settlement award for your work, and the amount of time that has passed since those breaks should have occurred, all each individual Settlement Class Member will be based on the time comparison between the dollar value of the potential unpaid wages the employee was entitled to while working at the Willows Inn between June 14, 2018 and pay records maintained by GardaJanuary 20, 2022 and calculations performed by a court-approved expert. Based on Garda’s records, Plaintiffs’ expert has estimated your individual gross settlement amount the aggregate dollar value of the potential unpaid wages that all Settlement Class Members were potentially entitled to be <merge payment amount>, less applicable withholdings. This amount may change based on future court rulings or other developments in connection with while working at the settlementWillows Inn during that time. 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 Simpluris, the Settlement Administrator. If any checks have not been cashed or deposited within ninety (90) days after distribution, the funds from those checks will be considered unclaimed. If those unclaimed funds are significant, then, subject to Court approval, Class Counsel may authorize another distribution to those Settlement Class Members who cashed their award checks. Ninety (90) days after a second distribution, or if there is no second distribution, then the funds from the uncashed checks will be considered unclaimed property and deemed Residual Funds, which . These Residual Funds will be distributed to the Legal Foundation of Washington and the Public Citizen Litigation Washington Wage Claim Project. Defendants will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Thirty-three percent Forty Percent (3340%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal applicable tax withholding, withholdings and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Sixty-seven percent Sixty Percent (6760%) of each Settlement Class Member’s settlement award will be treated as non-wages (penalties, enhancements, and prejudgment interest) on from which there will be no tax withholding withholdings 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 Please consult an accountant regarding the employer’s share of payroll taxes due as part of the Settlement, and such payments shall not be deducted you may owe if you receive money 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 claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENTsettlement.

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 Each Settlement Class Member who does not request exclusion shall receive a minimum settlement payment of $50.00. The remaining monies from the class fund will be calculated based on the estimated number of rest breaks and meal periods you should have received allocated to individual Settlement Class Members pro rata by dividing each Settlement Class Member’s total hours worked as an hourly- paid employee during the time class period covered by the Settlement, total aggregate hours worked by all Settlement Class Members as hourly-paid employee during the rate(s) paid to you for your workclass period, and then multiplying the amount of time that has passed since those breaks should have occurred, all based on resulting ratio by 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 remaining monies in connection with the settlementclass fund. 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 negotiated within ninety one hundred twenty (90120) days after distribution, the funds from those checks will be considered Residual Funds, which will be distributed sent in the corresponding Settlement Class Member’s name to the Legal Foundation Unclaimed Property Fund for the State of Washington and the Public Citizen Litigation ProjectWashington. NNA will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Thirty-three percent Fifty Percent (3350%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding, withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Sixty-seven percent Fifty Percent (6750%) of each Settlement Class Member’s 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 1099-MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. Garda will pay In addition to the maximum settlement amount described above, NNA is also paying all required employer’s share of payroll -paid taxes due incurred as part of the Settlement, and such payments shall . NNA’s payment of these employer-paid taxes will not be deducted from decrease the $12,500,000 settlement amount. Release of Claims: Upon final approval by the Court, the funds available to 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 claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENTMembers.

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 $20.00. The remaining monies from the $37,250.00 class fund will be allocated to individual Settlement Class Members as follows: (i) Each Settlement Class Member’s hours worked during the Settlement Class Period will be divided by the sum total of all Settlement Class Members’ hours worked during the Settlement Class Period. This calculation will result in a percentage figure for each Settlement Class Member (the “Class Portion Percentage Figure”), assuming court approval which will then be multiplied by the Class Portion, with the resulting figure being paid to the Settlement Class Member; (ii) Each “front of house” Settlement Class Member’s hours worked in a “front of house” position during the Settlement Class Period will be divided by the sum total of all “front of house” Settlement Class Members’ hours worked during the Settlement Class Period. This calculation will result in a percentage figure for each “front of house” Settlement Class Member (the “Service Charge Portion Percentage Figure”), which will then be multiplied by the Service Charge Portion, with the resulting figure being paid to the “front of house” Settlement Class Member. The results of the Settlement. Your foregoing calculations for each Settlement Class Member, in addition to the Twenty Dollar ($20.00) minimum settlement payment will payment, shall be calculated based on the estimated number of rest breaks and meal periods you should have received during the time period covered by the Settlementreferred to as a Settlement Award (or collectively, 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 settlementSettlement Awards). 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 negotiated within ninety one hundred twenty (90120) days after distribution, the funds from those checks will be considered Residual Funds, which will be distributed sent in the corresponding Settlement Class Member’s name to the Legal Foundation Unclaimed Property Fund for the State of Washington and pursuant to the Public Citizen Litigation ProjectUnclaimed Property Act (RCW 63.29 et seq). EOH will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Thirty-three percent Forty Percent (3340%) of each Settlement Class Member’s settlement award Settlement Award will be treated as wages and subject to normal tax withholding, withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Sixty-seven percent Sixty Percent (6760%) of each Settlement Class Member’s settlement award Settlement Award will be treated as non-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 1099-MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. Garda will pay In addition to the monies it is contributing to the Settlement Fund described above, EOH is also paying all required employer’s share of payroll -paid taxes due incurred as part of the Settlement, and such payments shall . EOH’s payment of these employer-paid taxes will not be deducted from decrease the $12,500,000 settlement amount. Release of Claims: Upon final approval by the Court, the funds available to 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 claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENTMembers.

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 an analysis of your time records at Blue Ribbon, which includes your hours worked and rates of pay. The calculation of 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 settlement award for your work, and the amount of time that has passed since those breaks should have occurred, all each individual Settlement Class Member will be as pro rata portion based on the time and pay records maintained by Garda, and damage calculations performed by a court-approved expert. Based on Garda’s records, of Plaintiffs’ expert has estimated your individual gross settlement amount counsel in hourly-paid workweeks. Plaintiffs’ counsel will calculate class member shares in a spreadsheet to be <merge payment amount>, less applicable withholdings. This amount may change based on future court rulings or other developments in connection with provided to the settlementSettlement Administrator within 10 days of the Court granting final approval. 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 one hundred eighty (90180) days after distribution, the funds from those checks will be considered Residual Funds, which . These Residual Funds will be distributed distributed, equally to the Legal Foundation of Washington and the Public Citizen Litigation ProjectFair Work Center by the Settlement Administrator. Blue Ribbon will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: ThirtyTwenty-three percent Five Percent (3325%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding, withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. SixtySeventy-seven percent Five Percent (6775%) 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 In addition to the monies it is contributing to the Settlement Fund described above, Blue Ribbon is also paying all required employer’s share of payroll -paid taxes due incurred as part of the Settlement, and such payments shall . Blue Ribbon’s payment of these employer-paid taxes will not be deducted from decrease the $12,500,000 settlement amount. Release of Claims: Upon final approval by the Court, the funds available to 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 claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENTMembers.