Your Settlement Award is calculated based on the records submitted by Defendants. Specifically, the settlement payments are calculated as follows:
The amount of $50 is allocated to each Settlement Class Member who does not exclude themselves from the Settlement (“Eligible Settlement Class Member”), so every person receives at least $50 in exchange for their release in the Settlement Agreement.
In addition to the $50 payment set out above, Eligible Settlement Class Members shall receive a pro rata portion of the Net Settlement Amount, as follows:
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- For each shift during which the Eligible Settlement Class Member worked, as reflected in Defendants’ records, the Eligible Settlement Class Member shall receive one and a half (1.5) settlement shares for each shift worked between August 6, 2019 and April 5, 2020, and one (1) settlement share for each shift worked between April 6, 2020 and June 16, 2025. In addition, for each Pay Period during which the Eligible Settlement Class Member worked seven (7) or more shifts, the Eligible Settlement Class Member shall receive four (4) additional settlement shares.
- The total number of settlement shares for all Eligible Settlement Class Members will be added together and the resulting sum will be divided by the corresponding Net Settlement Amount to calculate a per-share payment Each Eligible Settlement Class Members’ pro rata allocation amount shall then be determined by multiplying their total number of settlement shares with the per-share payment amount.
Any residual amounts remaining (e.g., from uncashed checks attributable to the Eligible Settlement Class Members) after the initial distribution and the expiration of the time period to cash Settlement checks (180 days) will be reallocated and paid in a second check pro rata to Eligible Settlement Class Members who received payments (either electronically or by cashing their initial check.) Your total estimated initial settlement payment will be based on the number of shifts paid as shown in Defendants’ records.
If you have questions about the number of eligible workweeks of your Settlement Award, you may contact the Settlement Administrator at the contact information below and must submit any disputes by March 2, 2026.
Thirty-three percent (33.33%) of your payment represents back wages, and 66.66% represents liquidated damages. The Settlement Administrator will issue you an IRS Form W-2 for 33.33% of this payment and an IRS Form 1099-MISC for the other 66.66% of this payment. Neither the Settlement Administrator nor the Parties can provide you with any tax advice. You should contact your accountant or tax related advisors for any questions about taxes you may owe on these amounts.
It is your responsibility to keep a current address on file with the Settlement Administrator to ensure receipt of your monetary Settlement Award(s). If you fail to keep your address current, you may not receive your Settlement Award(s).