Effect of Non-Participating Class Members on Calculation of Individual Class Payments Clause Samples

This clause defines how the exclusion or absence of certain class members affects the calculation of payments to individuals in a class action settlement. Specifically, it clarifies that if some eligible class members choose not to participate or are otherwise excluded, the total settlement fund may be redistributed among the remaining participating members, potentially increasing their individual payments. The core function of this clause is to ensure a fair and transparent allocation of settlement funds, addressing the issue of how to handle unclaimed or unused portions of the settlement when not all class members take part.
Effect of Non-Participating Class Members on Calculation of Individual Class Payments. Non-Participating Class Members will not receive any Individual Class Payments. The Administrator will retain amounts equal to their Individual Class Payments in the Net Settlement Amount for distribution to Participating Class Members on a pro rata basis.
Effect of Non-Participating Class Members on Calculation of Individual Class Payments. Aside from their Individual PAGA Payment, which Non- Participating Class Members shall receive regardless of their decision to opt-out of the Class Settlement, Non-Participating Class Members will not receive any Individual Class Payments. The Administrator will retain amounts equal to their Individual Class Payments in the Net Settlement Amount for distribution to Participating Class Members on a pro rata basis. The Administrator will disburse the entire PAGA Payment without asking or requiring Aggrieved Employees to submit any claim as a condition of the PAGA Payment.
Effect of Non-Participating Class Members on Calculation of Individual Class Payments. Non-Participating Class Members will not receive any Individual Class Payments. The Administrator will retain amounts equal to their Individual Class Payments in the Net Settlement Amount for distribution to Participating Class Members on a pro rata basis. 1 To illustrate by hypothetical, Participating Class Member A and Participating Class Member B worked for Defendant for one year. Participating Class Member A was compensated on a monthly basis (i.e. 12 pay monthly periods). Participating Class Member B was compensated on a bi-weekly basis (i.e. 26 bi-weekly pay periods). Participating Class Member A’s pro-rata portion of the Net Settlement Amount will be equivalent to Participating Class Member B’s pro rata portion of the Net Settlement Amount. Because Participating Class Member A was paid on a monthly basis, their monthly pay periods will be converted to bi-weekly pay periods using the 2.167 multiplier described above. Participating Class Member A’s pay periods for the purposes of calculating their pro rata portion of the Net Settlement Amount will be calculated by multiplying Participating Class Member A’s 12 actual monthly pay periods by 2.167 for a total of 26 bi-weekly pay periods (12 monthly pay periods * 2.167 = 26 bi-weekly pay periods). Participating Class Member B’s pro rata portion of the Net Settlement Amount will be calculated using their actual number of pay periods worked (26 bi-weekly pay periods) because they were already paid on a bi-weekly basis.
Effect of Non-Participating Class Members on Calculation of Individual Class Payments. Non-Participating Class Members will not receive any Individual Class Payments. The Workweeks of Non-Participating Class Members are not included in the calculation of payments to Participating Class Members and therefor have no effect on the calculation of Individual Class Payments paid from the Net Settlement Amount.
Effect of Non-Participating Class Members on Calculation of Individual Class Payments. Non-Participating Class Members will not receive any Individual Class Payments. The Administrator will retain amounts equal to DocuSign Envelope ID: 7BF4E2F8-D94D-43CA-A2F0-9AC691A792C6 their Individual Class Payments in the Net Settlement Amount for distribution to Participating Class Members on a pro rata basis.

Related to Effect of Non-Participating Class Members on Calculation of Individual Class Payments

  • Termination for Non-Allocation of Funds Renegotiate the Contract under the revised funding conditions; or

  • To Each Participating Class Member An Individual Class Payment calculated by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members during the Class Period and (b) multiplying the result by each Participating Class Member’s Workweeks.