## 1. Immediate action: stop transmission

**Stop the planned transmission.** The notice has been uploaded but has **not** been sent, emailed, or mailed. Because the errors are material and were discovered **before** transmission, distribution must be stopped and the notice corrected.

Because **no materially misleading notice has been distributed**, a corrected renotice or renewed decision period is **not** required under the supplied rules. The corrected notice may be transmitted with the existing October 2 deadlines, provided the current file is not sent.

---

## 2. Quantified material errors

### A. Correct fund and allocation arithmetic

Correct calculation under the executed agreement:

| Item | Amount |
|---|---:|
| Gross settlement fund | $5,400,000 |
| Proposed attorney fees | $1,350,000 |
| Litigation costs, up to | $110,000 |
| Administration expenses | $140,000 |
| Three proposed service awards, total | $30,000 |
| Payment to Workplace Standards Agency | $270,000 |
| **Total proposed deductions/allocations** | **$1,900,000** |
| **Correct net class fund** | **$3,500,000** |

Because the agreement states litigation costs are **“up to $110,000,”** the notice should describe the resulting net class fund as an estimate, but the correct current estimated net class fund using the agreement’s proposed deduction cap is **$3,500,000**.

Correct allocation point value:

\[
\frac{\$3,500,000}{10,000\ points} = \$350.00\ per\ point
\]

Correct estimated payment for Maya Ortiz:

\[
6\ points \times \$350.00 = \$2,100.00
\]

### B. Material errors in the proposed notice

| Issue | Proposed notice says | Correct under agreement | Material error |
|---|---|---|---|
| Omitted Workplace Standards Agency payment | Deductions do not include the $270,000 agency payment | The $270,000 Workplace Standards Agency payment must be deducted from the gross fund before the net class fund is calculated | Omitted a required separately identified government allocation |
| Net class fund | “Approximately $3,770,000 will remain for class members” | Estimated net class fund is $3,500,000 | Overstates net class fund by **$270,000** |
| Cost treatment | “costs of $110,000” | Litigation costs are “up to $110,000” | Misstates costs as fixed rather than capped/estimated |
| Point value | “Each point is currently worth approximately $377” | Each point is currently worth approximately **$350.00** | Overstates point value by **$27.00 per point** |
| Maya Ortiz estimate | “$2,262 before required withholding” | **$2,100.00 before required withholding** | Overstates Maya Ortiz’s estimate by **$162.00** |
| Release | Releases “all claims, known or unknown, arising from your employment through the date the court finally approves the settlement” | Release covers only wage-statement and off-clock-work claims based on the complaint’s factual allegations, accruing from January 1, 2022 through June 30, 2025, and excludes listed claims | Materially overbroad; wrong period; missing factual predicate and exclusions |

The “approximately” and “Estimates may change” language does not cure these errors. The omitted $270,000 allocation and the resulting point-value and individual-payment errors are known mathematical errors that must be corrected before transmission.

---

## 3. Corrected language to insert

Replace only the defective paragraphs below.

### A. Replace the “Settlement amount and deductions” paragraph with:

> **Settlement amount and deductions.** Defendant will pay $5,400,000. After proposed attorney fees of $1,350,000, proposed litigation costs of up to $110,000, proposed administration expenses of $140,000, three proposed service awards totaling $30,000, and a proposed payment to the Workplace Standards Agency of $270,000, the estimated net class fund is approximately $3,500,000 for class members. All of these proposed deductions and allocations are subject to court approval.

### B. Replace the “How your payment is calculated” paragraph with:

> **How your payment is calculated.** The administrator has calculated 10,000 total allocation points across 6,200 class members. Each class member’s estimated payment is the estimated net class fund divided by 10,000, multiplied by that member’s allocation points. Based on the estimated net class fund of $3,500,000, each point is currently worth approximately $350.00. Maya Ortiz has six points, so her estimated payment is $2,100.00 before required withholding. Estimates may change.

### C. Replace the “Release” paragraph with:

> **Release.** Unless you exclude yourself, you will release Defendant and related persons from all wage-statement claims and off-clock-work claims based on the factual allegations in the complaint, accruing on or after January 1, 2022 and on or before June 30, 2025. This release does not cover discrimination claims, harassment claims, retaliation claims, workers’ compensation claims, vested-benefit claims, or claims that accrued after June 30, 2025.

---

## 4. Paragraphs that do not require replacement

### Taxes paragraph

No replacement is required. The current tax paragraph accurately describes the 50/50 split as a current estimate and states that it is not tax advice. The fund error does not make the tax description itself inaccurate.

### Your choices paragraph

No replacement is required. The October 2 exclusion deadline, October 2 objection deadline, and November 13 fairness hearing date are correct, and the listed submission addresses are correct.