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equal to the unpaid overtime compensation, attorney’s fees, and
costs.
In January 1995, the case settled for a payment of five
million dollars, and the plaintiffs submitted a Motion for
Judicial Approval of the Class Settlement. In their memorandum
in support of the motion, the plaintiffs explained how the cash
settlement was to be distributed among the various plaintiffs.
The memorandum specifies that the distributions were to be
calculated as follows:
(1) All plaintiffs receive a $1,000 allocation,
appropriate individuals receive $3,000 deposition
scheduling allocation and named plaintiffs receive a
$15,000 representation allocation.
(2) Each individual’s claim is valued based on the
fluctuating average workweek calculation.
(3) The hours claimed are taken from the interviews of
plaintiffs by plaintiffs’s counsel.
(4) The hourly rate is determined from PayLess payroll
records.
(5) All overtime hours an individual claims between two
years prior to the consent date and November 1, 1992
are given 95% of calculated value to discount for a
potential finding of no liability.
(6) All overtime hours an individual claims for the
time period between two and three years of their
consent date are given 50% of calculated value to
discount for a finding of no liability.
(7) All overtime hours claimed for the time period
between March 8, 1990 and three years prior to an
individual’s consent date are given 5% of calculated
value to recognize the limited, although existing,
possibility that plaintiffs could have recovered for
this time period.
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Last modified: May 25, 2011