Common use of PAGA Representative Action Settlement Amount Clause in Contracts

PAGA Representative Action Settlement Amount. The Parties agree to allocate One Million Dollars ($1,000,000.00) of the Gross Settlement Fund (the “PAGA Representative Action Gross Settlement Amount”) to the settlement of the representative, non- class action PAGA claims alleged in the Lawsuit on behalf of all Class Members who were actively employed by Defendants in California at any time from March 12, 2008 through the date of Approval of this Settlement (the “PAGA Settlement Period”) and are alleged to be purportedly aggrieved employees under PAGA including current or former employees against whom one or more alleged violations was committed (the “PAGA Employees”). The PAGA Representative Action Gross Settlement Amount shall be allocated pro rata by the number of PAGA Employees assigned to each of Defendants’ retail banking centers and call centers in California during the PAGA Settlement Period at issue in this MDL proceeding, which is an amount the Parties believe in good faith is a fair and reasonable apportionment of the Gross Settlement Fund. The Settlement Administrator shall pay Seventy-Five percent (75%) of the PAGA Representative Action Gross Settlement amount ($750,000.00) allocated to each such retail banking center or call center to the California Labor and Workforce Development Agency (the “LWDA”) (this amount paid to the LWDA shall be referred to herein as the “LWDA PAGA Settlement Amount”), and shall allocate the remaining Twenty-Five percent (25%) of the PAGA Representative Action Gross Settlement amount ($250,000.00) (the “PAGA Representative Action Net Settlement Amount”) to each such retail banking center or call center and distribute it to the PAGA Employees as follows: (i) Every PAGA Employee, regardless of whether they submit a Consent Form to otherwise join this Settlement, shall be allocated a minimum payment of $5.00 from the PAGA Representative Action Net Settlement Amount (the sum total of all such minimum payment allocations is referred to herein as the “Total PAGA Minimum Payment Allocation”). (ii) The remainder of the PAGA Representative Action Net Settlement Amount allocated to each retail banking center or call center, after deducting the Total PAGA Minimum Payment Allocation, will then be allocated among the center’s PAGA Employees on a pro rata basis based upon the number of weeks they were actively employed by Defendants in California during the PAGA Settlement Period. (iii) For PAGA Employees who submit timely and properly-completed Consent Forms, their allocated portion of the PAGA Representative Action Net Settlement Amount allocated to their retail banking center or call center shall be added to their Individual Class Member Share and distributed to them as set forth in Paragraph 5(D)(ii), below. (iv) For PAGA Employees who do not submit a Consent Form to join this settlement (referred to herein as “Non-Joining PAGA Employees”), they shall be sent a check for their allocated portion of the PAGA Representative Action Net Settlement Amount allocated to their retail banking center or call center as set forth in Paragraph 5(D)(iii), below. (v) Pursuant to Cal. Labor Code § 2699(e) and (l), the foregoing manner of allocation of the PAGA Representative Action Gross Settlement Amount and of the PAGA Representative Action Net Settlement Amount is subject to the Court’s review and approval, including adjustments thereof to the extent permitted or required under applicable law. Any such allocation adjustment shall not affect any of the Parties’ other obligations under this Agreement.