Class Actions The Custodian shall use its best efforts to identify and file claims for the Fund(s) involving any class action litigation that impacts any security the Fund(s) may have held during the class period. The Trust agrees that the Custodian may file such claims on its behalf and understands that it may be waiving and/or releasing certain rights to make claims or otherwise pursue class action defendants who settle their claims. Further, the Trust acknowledges that there is no guarantee these claims will result in any payment or partial payment of potential class action proceeds and that the timing of such payment, if any, is uncertain. However, the Trust may instruct the Custodian to distribute class action notices and other relevant documentation to the Fund(s) or its designee and, if it so elects, will relieve the Custodian from any and all liability and responsibility for filing class action claims on behalf of the Fund(s). In the event the Fund(s) are closed, the Custodian shall only file the class action claims upon written instructions by an authorized representative of the closed Fund(s). Any expenses associated with such filing will be assessed against the proceeds received of any class action settlement.
Out of Class Pay On occasion, due to operational necessity, an employee may be required to perform a majority of essential duties of another classification with a higher salary range. In such cases, payment for out-of-class work shall be 5% above the regular base pay of the employee for all hours worked in the higher classification. Such pay shall be a minimum of the “A” step of the higher classification and no more than the maximum of the highest step of the higher classification. If the 5% increase falls between steps, the next higher step is used. Eligibility for out-of-class pay will be subject to the following conditions:
Work Out of Class Employees assigned to work out-of-classification in accordance with Article 26 Section 10- -Work Out-of-Classification shall receive holiday pay at the higher rate of pay, if the holiday falls during their work out-of- classification assignment. REV: 2015, 2019, 2021 ARTICLE 58T--HOLIDAYS (Temporary Employees)
Class Action Waiver THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.
No Class Actions Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a Claim, neither you nor we will have the right to: (i) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; (ii) act as a private attorney general in court or in arbitration; or (iii) join or consolidate your Claims with claims of any other person, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding.
Notice to Class Members 8.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data.
Working Out of Class Section 1 Whenever an employee is requested to perform the tasks of a higher graded position that employee shall receive the rate of pay of that higher graded position or five percent (5%) above his/her regular rate of pay if the rate of pay for the higher graded position is less than five percent (5%) over and above that employee's regular rate of pay and his/her regular position whichever is greater for each and every hour worked in any higher grade during that contract year.
OUT-OF-CLASS ASSIGNMENTS Section 1. Definition
OUT-OF-CLASS ASSIGNMENT 1701 When, in the determination of the Department Head and with the approval by the Human Resources Director or designee, it is necessary to specifically assign in writing an employee all of the significant duties of a higher classification for eighty- one consecutive working hours, the employee so assigned shall be compensated at the minimum rate established for the higher call or five percent (5%) above the employee’s regular base rate of pay, whichever is greater, with pay effective upon the date of the change of assignment. Under no circumstances shall the employee receive an amount greater than the maximum step of the higher class. For purposes of this Article, the out-of-class workweek shall begin on the day the employee begins the duties of the higher classification, as specified in the written assignment. For an example, see Section 1711 below. 1702 This policy shall apply in temporary situations due to:
Settlement Class Members “Settlement Class Members” shall mean all persons in the Class who do not exclude themselves pursuant to Section F, herein, and those who submit a Valid Claim.
