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COMPROMISE SETTLEMENT, RELEASE
<br /> AND INDEMNIT']' AGREEMENT
<br /> A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is
<br /> by and between Mervyn Abe (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to
<br /> herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and
<br /> present, their transferees, assigns, successors m interest, and all others who at any time have been in privity with them or any of them. This
<br /> Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in
<br /> the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise,
<br /> settlement and release of all the claims arising from [he Litigation.
<br /> B. WHEREAS, PlaintifFhas claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the
<br /> Hawaii Revised Statutes (collectively referred to as "the Samtes•'") in one or more of the following manners: (1) by failing to properly
<br /> compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiffs regular rate of pay all such
<br /> compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift
<br /> or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Statutes as they relate to [he accmal
<br /> and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations
<br /> without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training
<br /> sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent
<br /> in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the
<br /> time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with
<br /> firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf;
<br /> C. WI-IEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated
<br /> damages and attorneys fees on account of the alleged failure or refusal of the County to property compensate Plaintiff for all time worked
<br /> for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to
<br /> collectively as "Plaintiffs' Counsel") to prosecute the litigation; and,
<br /> D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if
<br /> any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all claims and causes of action of
<br /> any kind which Plaintiff has or may have in the future arising out of or related to any past failure or refusal on the part of the County to
<br /> fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the
<br /> Stamtes;
<br /> E. NOW, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including the recitals
<br /> set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows:
<br /> F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment
<br /> payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the
<br /> remaining four payments will be made annually on the successive anniversaries of the first payment.
<br /> G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of
<br /> Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse [he appropriate payments to the Plaintiffs.
<br /> Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County.
<br /> H. Plaintiff's share of the gross settlement amount is $2,400.54. Of Plaintiff s total amount, $310.90 will be distributed to
<br /> Plaintiff
<br /> mom the tntst account within 30 days from the deposit into [he tmst account of the fast installment on the gross settlement
<br /> amount. Of Plaintiffs total amount, $310.90 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the
<br /> trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $310.90 will be distributed to Plaintiff
<br /> from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of
<br /> Plaintiffs total amount, $310.90 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust
<br /> account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $310.90, will be distributed to
<br /> Plaintiff from the trust account within 30 days from the deposit into the [mst account of the fifth installment on the gross settlement
<br /> amount Under the terms of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of
<br /> $R08.6R and litigntion costs of 537.32 Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs'
<br /> Counsel from each of the payments made to the Plaintiff. Apart fiom making the payments in Paragraph F, above, dre County shall have
<br /> no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made.
<br /> I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of
<br /> Plaintiff.
<br /> J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall
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<br /> constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any
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