Common use of Class Members Clause in Contracts

Class Members. “Class Members” means the members of the class certified by the Court as set forth in the Court’s Order Re Class Certification, dated July 7, 2016 (ECF Docket No. 319), as subsequently clarified by the parties in ECF Docket Nos. 339 & 340 (clarifying that the date for the end of the class period is the date that requests to opt out are due from class members) and ECF Docket No. 364 (clarifying that the restaurants covered by the certified class include the ▇▇▇▇▇▇▇ Street restaurant before and after April 2014), excluding those persons who opt out of the Class by no later than November 5, 2016 pursuant to the class notice and opt-out procedure approved by the Court on August 11, 2016, or who timely opt out of the Settlement pursuant to the procedures herein. Absent agreement of the Parties, each person included on the class list used by the Claims Administrator to provide notice to the Class on or about September 6, 2016 (excluding those who timely opted out pursuant to the procedures approved by the Court on August 11, 2016) shall be deemed to be a Class Member; provided that, to the extent a person on the list was employed as a manager at some point during the Class Period, the work weeks that person worked as a manager (to the extent that time period can be determined) shall not be counted as weeks worked during the Class Period for purposes of this settlement, and that persons who have opted out of the Class pursuant to the class notice and opt-out procedure approved by the Court on August 11, 2016 shall not be Class Members. An individual who is not listed on the Class List, but who submits a valid Claim Form as provided for herein and identifies the time during which s/he was employed as a crew member, crew trainer, or maintenance worker paid on an hourly basis at any of the Restaurants during the Class Period, shall be deemed a Class Member.