R-120-21 To Amend the Budget for Fiscal Year Commencing July 1, 2021 and Ending June 30, 2022 in the Amount of $1,711,652.37 For Fair Labor Standard ACT FLSA Settlement Agreements

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DowSign Ervelope to' 7C3788FA-OE92497241641-3148911C7BE3 shall pay a total amount of $834,545.04 ("TOTAL PAYMENT') as the maximum amount to be paid to PLAINTIFFS to settle this case, not including attorneys' fees and costs. The TOTAL PAYMENT represents the total amount of unpaid overtime and unpaid CTO cash outs owed to PLAINTIFFS over the period of September 22, 2016 through September 21, 2019, as well as liquidated damages. From the TOTAL SETTLEMENT AMOUNT, and in addition to the TOTAL PAYMENT made to PLAINTIFFS, CITY shall also pay $272,274.99 in attorneys' fees and costs. The PARTIES agree the fees and costs agreed to herein are fair and reasonable, given the time and costs expended and the fact that the fees are slightly less than twenty-five percent (25%) of the TOTAL SETTLEMENT AMOUNT paid by CITY to settle the ACTION. b. The amount paid to each PLAINTIFF is a pro rata distribution of the TOTAL PAYMENT, based upon the number of contract overtime hours each PLAINTIFF worked between September 22, 2016 and September 21, 2019, the amount of their cash - in -lieu of health benefits payments and incentive payments, and the amount of CTO cash outs ("DAMAGES PAYMENT"). To determine the amount of unpaid overtime owed to each PLAINTIFF, CITY verified the amount of monies provided to Plaintiffs for either the cash -in -lieu of health benefits, or additional incentive payments, or both. This amount was annualized and divided by the number of regularly scheduled hours each employee worked in a given year, to arrive at the alleged hourly regular rate of pay shortage. If the employee was paid on a salary basis, this hourly regular rate shortage amount was then multiplied by 1.5 and then multiplied by all overtime hours the employee worked or was deemed to work, including contract overtime hours in excess of FLSA-recognized overtime hours, pursuant to the terms of the applicable CITY Memorandum of Understanding ("MOU") with employee organizations, within a given year. If the employee was paid on an hourly bases, the hourly regular rate shortage was then multiplied by .5 and then multiplied by all overtime hours the employee worked or was deemed to work, including contract overtime hours in excess of FLSA-recognized overtime hours, pursuant to the terms of the applicable CITY MOU within a given year. The hourly regular rate shortage amount was also added to an employee's regular rate of pay and multiplied by the number of CTO hours that were cashed out by an employee in a given year. No other credits or offsets otherwise available to CITY pursuant to 29 U.S.C. Section 207(h)(2) were applied in making these calculations. The amounts received by PLAINTIFFS are listed in Exhibit A attached hereto. C. Each PLAINTIFF'S signature on this AGREEMENT constitutes an acknowledgment of the individual settlement payment to that employee, affirming the DAMAGES PAYMENT is accepted as fair, just, and reasonable, and constitutes a full and complete payment in resolution of all claims asserted in the ACTIONS against CITY. d. The PARTIES agree that this methodology is fair, just, and reasonable with respect to the legal value of the claims of the PLAINTIFFS. C. CITY disputes it owes the overtime wages or additional CTO cash outs asserted by PLAINTIFFS in the ACTIONS, since even if it has overtime liability, it