COM 0046.000 2004-2006 - Laserfiche WebLink

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$360,000.00 payable within 30 days of final approval of this Agreement by the Court, or such lesser amount as may be produced by Paragraph 17 of this agreement. This payment shall be referred to in this Agreement as the First Payment; $360,000.00, payable on the First anniversary of the First Payment; $360,000.00, payable on the second anniversary of the First Payment; and $360,000.00, payable on the third anniversary of the First Payment. $360,000.00, payable on the fourth anniversary of the First Payment. 6. The County shall pay the sums in Pazagraph 5, above, to Winer, Meheula & Devens, LLP, for deposit in trust on behalf of Plaintiffs. Plaintiffs' Counsel shall be responsible for the proposed allocation of the Settlement Amount among the plaintiffs depending upon the claims held by each plaintiff. This allocation plan shall be completed and a copy of the allocation plan delivered to the County on or before September 18, 2004. Plaintiffs shall bear all costs of the distribution of the settlement proceeds once those proceeds are paid. 7. On or before September 18, 2004, the parties shall submit this Agreement to United States District Court Magistrate Kevin S.C Chang for approval. This Agreement shall be contingent upon approval by Magistrate Chang of its terms. This agreement is also contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. 8. On or before September 18, 2004, counsel for the Plaintiffs shall prepaze individual Plaintiff Settlement Agreements and Releases (referred to herein as "Releases"), and shall submit the same to the County for approval. Once agreement is reached on the wording of the Releases, Plaintiffs' counsel shall distribute them for execution to the Plaintiffs who filed consents under the FLSA to join this litigation. 9. A Plaintiff s execution of a Release and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims under the Statutes, demands, or causes of action of any kind for back wages, unpaid straight-time compensation, unpaid overtime compensation, unpaid compensatory time off, liquidated damages, interest, costs, attorneys fees, injunctive or declazatory relief which the Plaintiff has or might have, known or unknown, now existing or that might arise until the date of the execution of the Release, directly or indirectly related to any past failure or refusal on the part of the County to comply with the Statutes as described in this Settlement Agreement. This release includes all such claims or causes of action for attorney fees or costs, now or in the future, whether asserted in this litigation or not. 10. The parties agree that at all times, the County has acted in good faith with respect to its wage and hour practices under State and Federal law. The parties further agree that at all times, the County had a 7(k) exemption under the FLSA. 11. The parties agree that the regular rate of pay for purposes of the FLSA shall be calculated by dividing "remuneration for employment" by "hours of work." For purposes of this calculation, "remuneration for employment" shall include that portion of wages, premium pay, specialty pay, standard of conduct differential, temporary assignment pay, and night shift 2