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plaintiffs explained that the cash settlement was to be
distributed as follows:
(1) All plaintiffs receive a $1,000.00
allocation, appropriate individuals receive
$3,000.00 deposition scheduling allocation,
$5,000.00 deposition attending allocation and
named plaintiffs receive a $15,000.00
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 plaintiff’s
counsel.
(4) The hourly rate is determined from
PayLess payroll records.
(5) All overtime hours and 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 and 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.
(8) The individual’s claim is then totaled.
(9) The remaining portion of the settlement,
that is, the total settlement minus the
amount allocated for participation and back
wages is apportioned the same ratio as that
of each individual’s calculated back wages to
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