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HOW ARE THE AWARDS CALCULATED:

 

We apologize for any confusion regarding the amount of back pay substitutes have received.

We have created a FREQUENTLY ASKED QUESTIONS page.
Please visit: http://hawaiiclassaction.com/FAQs.html if you have any questions.

Everyone's gross award for the back wages owed from 11/2000 through 6/2005 was reduced by the Court-awarded attorneys fees, costs, General Excise Taxes, and class representatives' stipends. Those amounts totaled approximately 34% of the gross awards. The resulting amount was, under law, your "gross income" (meaning you did not have to pay any taxes on those deductions). We then, as required by law, deducted federal and state taxes, FICA (social security) and Medicare taxes. The federal and state taxes were deducted on a percentage basis for all teachers in accordance with guidance from the IRS. Depending on each person's income in 2014, there may be refunds coming.

Many teachers have questions about how their back pay awards and the resulting individual payments were calculated.  Here is the answer:

1. The gross amount the DOE was liable for was determined person-by-person, paycheck-by-paycheck for each eligible teacher. The amount each person was underpaid varied according to the "class" they were in, the dates they worked, and the payments the DOE actually made in 2000-05. This is the amount shown on the Chart of Partial Settlement Amounts. Only the "Amount Owed" is being awarded at this time. The interest amount is still on appeal. 

2. From the Total Value of Remedy -- $14,672,916.43 (Wages plus Employer's share of FICA & Medicare); cash wages to Class Members $13,978,554.57 -- the following deductions were made:

Total Deductions from the Gross Amount owed: 32.77% based upon Total Value; 34.01% based upon Cash Value.

3. From the gross income amount, the following deductions were made:

  • Federal and State taxes (in the amount approved by the Court consistent with IRS procedures for back pay awards, which called for across the board withholdings of 25% (Federal) and 7.9% (Hawai`i).  These withholdings are likely more than your actual tax liabilities, so you should determine whether you are entitled to a refund in 2015.
  • Employees' shares of FICA (Social Security) and Medicare taxes

All of the withholdings were calculated by qualified experts.

   
 

Substitute Teachers Class Action - Court grants Plaintiffs' Motion for Final Approval of Settlement, which provides for the resolution and payment of the class members' per diem wage claims totaling over $14 million.

On November 15, 2013, the Court granted Plaintiffs' Motion for Final Approval of the Partial Settlement Agreement, which provides for the resolution and payment of the class members' per diem wage claims totaling over $14 million.  At the hearing, the Court also granted Plaintiffs' (1) Motion for Award of Attorney's Fees and Reimbursement of Expenses under the Common Benefit Doctrine and (2) Motion for Class Representative Incentive Awards from the Common Benefit, therefore, allowing the approved amounts of the attorneys' fees and costs and the class representatives' stipends to be deducted from the common benefit fund before the individual payments are issued to the class members. 
 

link to the Amended Class Notice
link to chart of partial settlement amounts
link to Motion for Award of Attorney's Fees and Reimbursement of Expenses
link to Motion for Class Representative Incentive Awards from the Common Benefit Fund
link to Second Amended Order Granting Plaintiffs' Motion for Preliminary Approval of Settlement

link to Order Granting Motion to Approve Amended Settlement Agreement

   
 

KUHIO PARK TERRACE - PLAINTIFFS' MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS

 

link to the information

   
  Motion for final approval granted in Jack Hall class action settlement
Cruz v. Waipahu Jack Hall Memorial Housing Corporation, and Bob Tanaka, Inc
  On December 4, 2013 Circuit Court Judge Nacino granted the motion for final approval of the class action settlement, in which low income residents of the Jack Hall housing project filed suit for breach of contract over compliance with utility allowances, claiming that over 250 individuals and families were overcharged by more than $1 million since 2003. Proposed final judgment is pending; estimated to be in the high six figures. Gavin Thornton of Hawaii Appleseed Center for Law and Economic Justice, which AHFI partnered with, said it is the highest per capita recovery they have obtained in this type of case.
   
  CIRCUIT COURT FINDS LAW RESTRICTING BEACHFRONT LANDOWNERS’ OWNERSHIP OF ACCRETION WAS AN ILLEGAL “TAKING.” STATE’S APPEAL NOW PENDING BEFORE THE HAWAI`I INTERMEDIATE COURT OF APPEAL
  In 2003, the State of Hawai`i adopted Act 73, which prohibited all private landowners from claiming title to unregistered accretion — despite longstanding state and federal authority establishing that accreted land belongs to those landowners. In 2005, a class action lawsuit was filed challenging the law because it took private property without just compensation. In 2006, the First Circuit Court certified the case as a class action and ruled in the landowners’ favor and against the State of Hawai`i.
read more...

   
 
 

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HawaiiClassAction.com is provided as a service by Alston Hunt Floyd & Ing, Attorneys at Law, to interested parties for lawsuits the firm is involved in that have been classified or are being considered for certification as class actions. In general terms a "class action" can be defined as a "lawsuit brought by one or more plaintiffs on behalf of a large group of others who have a common interest." (The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2004, 2000 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved.) Please read the disclaimer regarding information on this web site.

Alston Hunt Floyd & Ing has handled a number of class action lawsuits including Felix v Cayetano, which resulted in the Felix Consent Decree, affirming the rights of special education students in the Hawai'i public school system. Please refer to our list of representative cases.