Subject to Court approval, the essential terms of the Settlement are as follows:
Rainier will pay a total of $57,103.56 as part of the Settlement, apportioned as follows:
- Class Fund: Rainier will pay $30,303.06, which will be available for the payment of Settlement Awards to Settlement Class Members who do not timely opt out of this Settlement.
- Service Award: Rainier will pay $5,000.00 to Plaintiff and Class Representative Rosalyn Vasquez for serving as proposed class representative in this Case.
- Settlement Administration Expenses Award: Rainier will pay $5,500.00 to the Settlement Administrator for the processing of the Settlement, including the expenses of providing notice of the Settlement to Settlement Class Members, handling the claims administration process, processing payments to Settlement Class Members, and handling tax reporting requirements.
- Attorney Fees and Costs Award: Rainier will pay $16,300.50 to Plaintiff’s attorney for the attorney fees and litigation costs they have incurred and will incur through final judgment in representing Plaintiff and the Settlement Class.
Monetary Relief: The amount available to the Settlement Class is intended to compensate Settlement Class Members for the disputed wages and other compensation they allegedly lost and damages they are allegedly owed as a result of the practices alleged in the Case. As noted above, Rainier strongly denies the allegations in this matter, and the Court has not made any determinations in this case regarding liability.
Distribution of Settlement Fund: Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Your settlement payment will be calculated based on an analysis of your time records at Rainier, which includes your hours worked, department and job codes, and rates of pay. The calculation of the settlement award for each individual Settlement Class Member will be based on the percentage relationship between the dollar value of all potential meal periods and rest breaks the employee was entitled to at Rainier from December 14, 2015, through and including December 31, 2018 (the “Claim Period”) and the aggregate dollar value of all potential meal periods and rest breaks that all Settlement Class Members were potentially entitled to at Rainier during the Claim Period. Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been deposited within one hundred twenty (120) days after distribution, the funds from those checks will be considered Residual Funds. These Residual Funds will be distributed by the Settlement Administrator to the Legal Foundation of Washington. Rainier will not receive funds from any uncashed checks.
Tax Treatment of Settlement Awards: Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as non-wages (penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to the monies it is contributing to the Settlement Fund described above, Rainier is also paying all required employer paid taxes incurred as part of the Settlement. Rainier’s payment of these employer paid taxes will not decrease the funds available to Settlement Class Members.
Release of Claims: Upon final approval by the Court, the Settlement Class and each Settlement Class Member who has not submitted a valid and timely written request to be excluded from the Settlement will irrevocably release all claims against Rainier that were brought or that could have been brought based on any facts alleged in the Complaint in this Case relating to the time period from December 14, 2015, through and including December 31, 2018. This Release specifically includes any claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaint relating to missed, interrupted or non compliant meal periods and rest breaks.
Dismissal of Action: Upon final approval, the Court will enter a judgment of dismissal of the Case with prejudice, but shall retain jurisdiction to enforce the terms of the settlement.