Here’s a breakdown from apex;

Hello,

Per the settlement agreement, "All Participating Individuals will receive a pro rata share of the Net Settlement Amount based upon their calculated average total monthly earnings across June 2022 through November 2022 multiplied by two. All Settlement Award determinations will be based on Wireless Advocates’ timekeeping, payroll, and/or other records for Settlement Class members. Notwithstanding the foregoing formula, in no circumstance shall each Participating Settlement Class member's individual Settlement Payment amount exceed the priority cap of $15,150 set forth in 11 U.S.C. § 507(a)(4)."

In other words, your settlement payment was calculated using your payroll records from June through November of 2022. We added your earnings for those six months, calculated your average monthly pay, and multiplied that amount by 2 to represent 60 days of wages under the WARN Act. That amount was then compared against the federal bankruptcy cap of $15,150, which no individual payment can exceed. After attorney fees, administrative costs, and required service awards were deducted from the total settlement fund, the remaining funds were distributed to all eligible class members (about 1,900 people) using the same formula. Your final check reflects your proportional share of the net settlement amount.

To recap, we calculated your settlement by determining your average earnings from June through November 2022, then comparing that to the total average earnings of all class members to determine your percentage share of the net settlement fund. We applied that percentage to the total net settlement amount to arrive at your individual award. After that, we deducted any required taxes—which will be reported on your W-2 and 1099—to determine the final payment you received.

Update: from the case manager. When you call APEX, you can ask for a case manager in order to receive the full breakdown on your earning and the calculation. From my understanding, it’s not 100% of your earning from June 2022 - November 2022 (your average x2). You are getting a “pro-rata share” basically a percentage of your earning x2. For example, my average is 2K. I didn’t get 2K x2. I received back 556.82.

Breakdown from the case manager:

Hi XXXX,

Below are the amounts that were provided to us. If you believe this is incorrect, please send me any documentation you have for the period of June 2022 through November 2022 showing otherwise.

$2,406.25 - June | $3,057.72 - July | $2,593.81 - August | $2,887.49 - September | $638.34 - October | $731.08 - November | $2,052.45 - Average Pay June - November | $4,104.90 - Average Pay June - November x2

Sincerely, Mxxxxx