COM 0046.000 2004-2006 - Laserfiche WebLink

Home

differential payable to the employee by virtue of their straight time hours worked. For purposes of this calculation, "hours worked" shall be the employee's regularly-scheduled straight time hours worked. 12. The parties agree that if a Plaintiff is entitled to overtime under the FLSA, and if the County has paid the employee overtime before the FLSA's overtime threshold is reached because of the Plaintiff's eligibility for overtime under a collective bargaining agreement or other obligation binding the County, the County shall be allowed an offset against its FLSA liability to the Plaintiff in the amount ofone-third of the overtime compensation it paid to the employee prior to the employee's reaching the FLSA overtime threshold. 13. The parties agree that, within thirty (30) days of the Court's approval of the settlement agreement, the County will contact the labor organizations representing Plaintiffs and will initiate discussions with the organizations to agree on a compensatory time off policy. One of the areas to be discussed with the organizations will be a minimum advance notice that will be deemed the "reasonable period" of notice an employee should give prior to using FLSA compensatory time off. 14. Plaintiffs' Counsel agrees that any and all information, documents, records and material obtained in this case, including but not limited to any and all information, documents, records and material obtained through the discovery process or protected by the work product and/or attorney client privileges, shall be kept strictly confidential and not released, duplicated or disclosed in any manner, to any other party, person or entity. This agreement applies to any and all employees of Plaintiff Counsels' law offices and any other independent witness retained by or asked to consult with Plaintiffs' Counsel. Plaintiffs' Counsel shall give the County's Corporation Counsel's Office immediate notice of any attempt, by any person, seeking access to any and all information, documents, records and material obtained in this case, including any judicial proceeding to compel the production of such documents. Plaintiffs' Counsel shall oppose any and all attempts to release any and all information, documents, records and material obtained in this case to any other person, including any Court of Law. Nothing in this paragraph shall prevent Plaintiffs' Counsel from representing a labor organization in grievance proceedings or collective bargaining negotiations involving the terms and conditions established by a collective bargaining agreement. 15. This Agreement shall be effective upon its approval by Magistrate Chang and the approval of the Hawaii County Council, whichever occurs later. The provisions of Sections 11 through 13 of this Agreement shall be effective on the first day of the second month following the effective date of the remainder of the Agreement. 16. Within ten (10) days of the effective date of this agreement, Plaintiffs' Counsel shall withdraw from the Litigation those Plaintiffs who have signed Releases, shall dismiss all claims from the Litigation held by those Plaintiffs, and shall dismiss from the Litigation all class action claims. If all Plaintiffs have not signed releases as of the effective date of this agreement, and if Plaintiffs' Counsel subsequently receive a signed release from a Plaintiff, Plaintiffs' Counsel shall promptly withdraw said Plaintiff from the Litigation and dismiss all claims held by the Plaintiff. 3