Little v. Wynn Las Vegas, LLC

Filing 59

ORDER Granting 58 Proposed Order and Final Judgment of Dismissal. Signed by Judge Andrew P. Gordon on 9/23/2024. (Copies have been distributed pursuant to the NEF - RJDG)

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THIERMAN BUCK, LLP
325 West Liberty Street
Reno, NV 89501
[phone] Fax [phone]
Email: [e-mail]; www.thiermanbuck.com

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Christian Gabroy,
Nev. Bar No. 8805
Kaine Messer, Nev. Bar No. 14240
GABROY | MESSER
The District at Green Valley Ranch
170 S. Green Valley Parkway, Suite 280
Henderson, Nevada 89012
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

ARMSTRONG TEASDALE LLP
Brandon P. Johansson, Nev. Bar No. 12003
7160 Rafael Rivera Way, Suite 320
Las Vegas, NV 89113
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Defendant Wynn Las Vegas,
LLC

Mark R. Thierman. Nev. Bar No. 8285
Joshua D. Buck. Nev. Bar No. 12187
Leah L. Jones, Nev. Bar No. 13161
THIERMAN BUCK LLP
325 W. Liberty Street
Reno, Nevada 89501
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs and all those
similarly situated

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SHEILA LITTLE, individually and on behalf
of all others similarly situated,
Plaintiff,

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Case No.: 2:23-cv-01150-APG-MDC
ORDER AND FINAL JUDGMENT
OF DISMISSAL

vs.
WYNN LAS VEGAS, LLC,
Defendant.

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-1[PROPOSED] ORDER AND FINAL JUDGMENT OF DISMISSAL

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Pursuant to this Court’s prior Order granting approval of the Stipulation of Settlement

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entered into by and between Plaintiff and Defendant (ECF No. 55), this Court HEREBY

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ORDERS THE FOLLOWING:

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THIERMAN BUCK, LLP
325 West Liberty Street
Reno, NV 89501
[phone] Fax [phone]
Email: [e-mail]; www.thiermanbuck.com

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1.

This Court has jurisdiction over the subject matter of this litigation and personal

jurisdiction over the named-plaintiff, all members of the FLSA action, and Defendant.

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2.

The Court adopts the defined terms in the Settlement Agreement.

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3.

Distribution of the Notice and the Settlement Offer and Release Form as set forth

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in the Settlement, and the other matters set forth therein, have been completed in conformity with

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the Order Approving Stipulation of Settlement (ECF No. 55).

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4.

As set forth in Exhibit A to this Order, sixty-one (61) individuals have accepted

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the Settlement (“Accepting Plaintiffs”). The Court finds that as of the date of this Order, each

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and every Accepting Plaintiff has waived and shall be deemed to have fully, finally, and forever

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released, relinquished, and discharged all Released Claims, as set forth in the Settlement

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Agreement. Payment to all Accepting Plaintiffs shall be completed in accordance with the terms

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of the Settlement Agreement.

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5.

Zero (0) individuals have rejected the Settlement (“Rejecting Plaintiff”).

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Rejecting Plaintiffs retain all their legal rights and remedies, as set forth in the Settlement

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Agreement. The FLSA claims of any Rejecting Plaintiff shall be tolled, from the date the

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Rejecting Plaintiff’s Notice of Consent form was filed in the relevant Action through up to 30

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days after the Settlement Effective Date or the date the Rejecting Plaintiff files an individual

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action, whichever is sooner.

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6.

As set forth in Exhibit A to this Order, five (5) individuals have not responded to

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the Notice and Settlement Offer and Release Form. Pursuant to the Settlement Agreement, these

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individuals shall be treated as “Rejecting Plaintiffs” so that they retain all their legal rights and

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remedies, as set forth in the Settlement Agreement. These Plaintiffs, however, have up to 365

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days after the date of this Order to claim their allotted portion of the Settlement by signing and

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submitting the Settlement Offer and Release Form to Defendant’s counsel.

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7.

The Court grants approval to this Settlement and finds it to be a reasonable
-2[PROPOSED] ORDER AND FINAL JUDGMENT OF DISMISSAL

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resolution of a bona fide dispute of wages pursuant to the FLSA. The Settlement is reasonable

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in all respects, including the services awards to Sheila Little, Elena Espino, and Alejandro

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Benitez, for the work that they performed on behalf of others, the attorneys’ fees and costs of

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Plaintiffs’ counsel, and the fees of the Settlement Administrator Phoenix. The Court specifically

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finds that the settlement confers a substantial benefit to all individuals similarly situated to

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THIERMAN BUCK, LLP
325 West Liberty Street
Reno, NV 89501
[phone] Fax [phone]
Email: [e-mail]; www.thiermanbuck.com

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Plaintiffs, considering the strength of Plaintiffs’ claims and the risk, expense, complexity, and
duration of further litigation. The Court finds that the settlement is the result of arms-length
negotiations between experienced counsel representing the interests of both sides and with the
assistance of the honorable former federal Magistrate Judge Carl W. Hoffman.
8.

Service awards for Lead Plaintiff Sheila Little, Elena Espino, and Alejandro

Benitez, in the amount of $10,000 for each (and $30,000 total) are reasonable and hereby
approved.
9.

Plaintiffs’ attorneys’ fees in the amount of $200,000 and costs in the amount of

$10,000 are reasonable and hereby approved.
10.

Fees of the Settlement Administrator, Phoenix Class Action Administration

Solutions, in the amount of $5,000 are reasonable and hereby approved.
12. Without affecting the finality of this action, the Court will retain exclusive and
continuing jurisdiction to enforce the Settlement Agreement.

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IT IS SO ORDERED.

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September 23, 2024
Dated: _______________

Honorable Andrew Gordon
District Court Judge

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-3[PROPOSED] ORDER AND FINAL JUDGMENT OF DISMISSAL

EXHIBIT A

Accepting Plaintiffs

EXHIBIT A

PSA ID
LTLWNLV101
LTLWNLV102
LTLWNLV103
LTLWNLV104
LTLWNLV105
LTLWNLV106
LTLWNLV107
LTLWNLV108
LTLWNLV109
LTLWNLV110
LTLWNLV111
LTLWNLV112
LTLWNLV113
LTLWNLV114
LTLWNLV115
LTLWNLV116
LTLWNLV117
LTLWNLV118
LTLWNLV119
LTLWNLV120
LTLWNLV121
LTLWNLV122
LTLWNLV123
LTLWNLV124
LTLWNLV125
LTLWNLV126
LTLWNLV127
LTLWNLV128
LTLWNLV129
LTLWNLV130
LTLWNLV132
LTLWNLV133
LTLWNLV134
LTLWNLV136
LTLWNLV137
LTLWNLV138
LTLWNLV139
LTLWNLV140
LTLWNLV141
LTLWNLV142
LTLWNLV143
LTLWNLV144
LTLWNLV145
LTLWNLV146
LTLWNLV147
LTLWNLV148
LTLWNLV149
LTLWNLV150
LTLWNLV152
LTLWNLV153
LTLWNLV154
LTLWNLV155
LTLWNLV156
LTLWNLV157
LTLWNLV159
LTLWNLV160
LTLWNLV161
LTLWNLV163
LTLWNLV164
LTLWNLV165
LTLWNLV166

Accept
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1

Tips Received
$126,168.49
$120,384.28
$125,241.96
$113,442.84
$17,266.05
$128,479.23
$118,822.52
$123,570.85
$117,134.85
$117,997.81
$116,598.43
$118,618.14
$128,416.84
$25,307.31
$117,832.74
$93,350.89
$126,871.41
$80,034.79
$121,946.23
$86,296.74
$116,571.10
$112,770.81
$8,403.14
$126,990.66
$128,775.13
$117,735.88
$119,775.21
$128,307.69
$80,483.68
$103,926.78
$129,246.78
$104,421.16
$116,989.35
$109,764.40
$74,301.48
$107,227.45
$117,670.51
$126,256.25
$3,946.13
$89,075.60
$111,793.83
$124,628.33
$78,239.16
$106,797.42
$118,625.68
$127,235.83
$117,237.61
$108,604.47
$121,768.36
$118,697.99
$101,277.05
$84,684.84
$129,107.63
$1,290.99
$126,528.00
$127,924.84
$127,620.32
$117,555.53
$128,384.67
$92,593.28
$111,547.59
$6,428,565.06

Settlement Share
$6,411.14
$6,117.22
$6,364.05
$5,764.49
$877.36
$6,528.55
$6,037.86
$6,279.14
$5,952.10
$5,995.95
$5,924.84
$6,027.47
$6,525.38
$1,285.97
$5,987.56
$4,743.54
$6,446.85
$4,066.89
$6,196.58
$4,385.09
$5,923.45
$5,730.34
$427.00
$6,452.91
$6,543.59
$5,982.64
$6,086.27
$6,519.84
$4,089.70
$5,280.94
$6,567.56
$5,306.06
$5,944.71
$5,577.58
$3,775.56
$5,448.66
$5,979.32
$6,415.59
$200.52
$4,526.29
$5,680.70
$6,332.87
$3,975.65
$5,426.81
$6,027.85
$6,465.37
$5,957.32
$5,518.64
$6,187.55
$6,031.53
$5,146.30
$4,303.18
$6,560.48
$65.60
$6,429.40
$6,500.38
$6,484.91
$5,973.48
$6,523.75
$4,705.04
$5,668.19
$326,661.60

25% 1099
$1,602.78
$1,529.30
$1,591.01
$1,441.12
$219.34
$1,632.14
$1,509.46
$1,569.78
$1,488.02
$1,498.99
$1,481.21
$1,506.87
$1,631.35
$321.49
$1,496.89
$1,185.88
$1,611.71
$1,016.72
$1,549.15
$1,096.27
$1,480.86
$1,432.59
$106.75
$1,613.23
$1,635.90
$1,495.66
$1,521.57
$1,629.96
$1,022.43
$1,320.24
$1,641.89
$1,326.52
$1,486.18
$1,394.39
$943.89
$1,362.17
$1,494.83
$1,603.90
$50.13
$1,131.57
$1,420.18
$1,583.22
$993.91
$1,356.70
$1,506.96
$1,616.34
$1,489.33
$1,379.66
$1,546.89
$1,507.88
$1,286.57
$1,075.80
$1,640.12
$16.40
$1,607.35
$1,625.10
$1,621.23
$1,493.37
$1,630.94
$1,176.26
$1,417.05
$81,665.40

75% W2 Wages
$4,808.35
$4,587.91
$4,773.04
$4,323.37
$658.02
$4,896.42
$4,528.39
$4,709.35
$4,464.07
$4,496.96
$4,443.63
$4,520.60
$4,894.04
$964.48
$4,490.67
$3,557.65
$4,835.14
$3,050.17
$4,647.44
$3,288.82
$4,442.59
$4,297.76
$320.25
$4,839.68
$4,907.69
$4,486.98
$4,564.70
$4,889.88
$3,067.28
$3,960.71
$4,925.67
$3,979.55
$4,458.53
$4,183.18
$2,831.67
$4,086.50
$4,484.49
$4,811.70
$150.39
$3,394.72
$4,260.53
$4,749.65
$2,981.74
$4,070.11
$4,520.89
$4,849.03
$4,467.99
$4,138.98
$4,640.66
$4,523.65
$3,859.72
$3,227.39
$4,920.36
$49.20
$4,822.05
$4,875.29
$4,863.68
$4,480.11
$4,892.81
$3,528.78
$4,251.14
$244,996.20

Total Employer
Tax
$562.58
$536.78
$558.45
$505.84
$76.99
$572.88
$529.82
$551.01
$522.29
$526.14
$519.91
$528.91
$572.59
$112.84
$525.39
$416.25
$565.72
$356.87
$543.75
$384.79
$519.79
$502.84
$37.47
$566.25
$574.21
$524.97
$534.07
$572.11
$358.87
$463.39
$576.30
$465.61
$521.65
$489.44
$331.30
$478.11
$524.69
$562.98
$17.59
$397.17
$498.48
$555.71
$348.87
$476.21
$528.95
$567.34
$522.77
$484.26
$542.95
$529.27
$451.59
$377.61
$575.68
$5.76
$564.18
$570.41
$569.05
$524.17
$572.46
$412.86
$497.39
$28,664.58

Employer FUTA
0.6%
$28.85
$27.53
$28.64
$25.94
$3.95
$29.38
$27.17
$28.26
$26.78
$26.98
$26.66
$27.12
$29.36
$5.79
$26.94
$21.35
$29.01
$18.30
$27.88
$19.73
$26.66
$25.79
$1.92
$29.04
$29.45
$26.92
$27.39
$29.34
$18.40
$23.76
$29.55
$23.88
$26.75
$25.10
$16.99
$24.52
$26.91
$28.87
$0.90
$20.37
$25.56
$28.50
$17.89
$24.42
$27.13
$29.09
$26.81
$24.83
$27.84
$27.14
$23.16
$19.36
$29.52
$0.30
$28.93
$29.25
$29.18
$26.88
$29.36
$21.17
$25.51
$1,469.96

Employer SS
6.2%
$298.12
$284.45
$295.93
$268.05
$40.80
$303.58
$280.76
$291.98
$276.77
$278.81
$275.51
$280.28
$303.43
$59.80
$278.42
$220.57
$299.78
$189.11
$288.14
$203.91
$275.44
$266.46
$19.86
$300.06
$304.28
$278.19
$283.01
$303.17
$190.17
$245.56
$305.39
$246.73
$276.43
$259.36
$175.56
$253.36
$278.04
$298.33
$9.32
$210.47
$264.15
$294.48
$184.87
$252.35
$280.30
$300.64
$277.02
$256.62
$287.72
$280.47
$239.30
$200.10
$305.06
$3.05
$298.97
$302.27
$301.55
$277.77
$303.35
$218.78
$263.57
$15,189.78

Employer
Medicare
1.45%
$69.72
$66.52
$69.21
$62.69
$9.54
$71.00
$65.66
$68.29
$64.73
$65.21
$64.43
$65.55
$70.96
$13.98
$65.11
$51.59
$70.11
$44.23
$67.39
$47.69
$64.42
$62.32
$4.64
$70.18
$71.16
$65.06
$66.19
$70.90
$44.48
$57.43
$71.42
$57.70
$64.65
$60.66
$41.06
$59.25
$65.03
$69.77
$2.18
$49.22
$61.78
$68.87
$43.24
$59.02
$65.55
$70.31
$64.79
$60.02
$67.29
$65.59
$55.97
$46.80
$71.35
$0.71
$69.92
$70.69
$70.52
$64.96
$70.95
$51.17
$61.64
$3,552.47

Employer UI
2.95%
$141.85
$135.34
$140.80
$127.54
$19.41
$144.44
$133.59
$138.93
$131.69
$132.66
$131.09
$133.36
$144.37
$28.45
$132.47
$104.95
$142.64
$89.98
$137.10
$97.02
$131.06
$126.78
$9.45
$142.77
$144.78
$132.37
$134.66
$144.25
$90.48
$116.84
$145.31
$117.40
$131.53
$123.40
$83.53
$120.55
$132.29
$141.95
$4.44
$100.14
$125.69
$140.11
$87.96
$120.07
$133.37
$143.05
$131.81
$122.10
$136.90
$133.45
$113.86
$95.21
$145.15
$1.45
$142.25
$143.82
$143.48
$132.16
$144.34
$104.10
$125.41
$7,227.40

Career
Enhancement
Program Tax
0.05%
$24.04
$22.94
$23.87
$21.62
$3.29
$24.48
$22.64
$23.55
$22.32
$22.48
$22.22
$22.60
$24.47
$4.82
$22.45
$17.79
$24.18
$15.25
$23.24
$16.44
$22.21
$21.49
$1.60
$24.20
$24.54
$22.43
$22.82
$24.45
$15.34
$19.80
$24.63
$19.90
$22.29
$20.92
$14.16
$20.43
$22.42
$24.06
$0.75
$16.97
$21.30
$23.75
$14.91
$20.35
$22.60
$24.25
$22.34
$20.69
$23.20
$22.62
$19.30
$16.14
$24.60
$0.25
$24.11
$24.38
$24.32
$22.40
$24.46
$17.64
$21.26
$1,224.97

Employee SDI
0.00%
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

Employee SS
6.2%
$298.12
$284.45
$295.93
$268.05
$40.80
$303.58
$280.76
$291.98
$276.77
$278.81
$275.51
$280.28
$303.43
$59.80
$278.42
$220.57
$299.78
$189.11
$288.14
$203.91
$275.44
$266.46
$19.86
$300.06
$304.28
$278.19
$283.01
$303.17
$190.17
$245.56
$305.39
$246.73
$276.43
$259.36
$175.56
$253.36
$278.04
$298.33
$9.32
$210.47
$264.15
$294.48
$184.87
$252.35
$280.30
$300.64
$277.02
$256.62
$287.72
$280.47
$239.30
$200.10
$305.06
$3.05
$298.97
$302.27
$301.55
$277.77
$303.35
$218.78
$263.57
$15,189.78

Employee
Medicare
1.45%
$69.72
$66.52
$69.21
$62.69
$9.54
$71.00
$65.66
$68.29
$64.73
$65.21
$64.43
$65.55
$70.96
$13.98
$65.11
$51.59
$70.11
$44.23
$67.39
$47.69
$64.42
$62.32
$4.64
$70.18
$71.16
$65.06
$66.19
$70.90
$44.48
$57.43
$71.42
$57.70
$64.65
$60.66
$41.06
$59.25
$65.03
$69.77
$2.18
$49.22
$61.78
$68.87
$43.24
$59.02
$65.55
$70.31
$64.79
$60.02
$67.29
$65.59
$55.97
$46.80
$71.35
$0.71
$69.92
$70.69
$70.52
$64.96
$70.95
$51.17
$61.64
$3,552.47

Employee
Federal
20%
$961.67
$917.58
$954.61
$864.67
$131.60
$979.28
$905.68
$941.87
$892.81
$899.39
$888.73
$904.12
$978.81
$192.90
$898.13
$711.53
$967.03
$610.03
$929.49
$657.76
$888.52
$859.55
$64.05
$967.94
$981.54
$897.40
$912.94
$977.98
$613.46
$792.14
$985.13
$795.91
$891.71
$836.64
$566.33
$817.30
$896.90
$962.34
$30.08
$678.94
$852.11
$949.93
$596.35
$814.02
$904.18
$969.81
$893.60
$827.80
$928.13
$904.73
$771.94
$645.48
$984.07
$9.84
$964.41
$975.06
$972.74
$896.02
$978.56
$705.76
$850.23
$48,999.26

Employee State
0.00%
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

Modified
Business Tax
1.17%
$56.26
$53.68
$55.84
$50.58
$7.70
$57.29
$52.98
$55.10
$52.23
$52.61
$51.99
$52.89
$57.26
$11.28
$52.54
$41.62
$56.57
$35.69
$54.38
$38.48
$51.98
$50.28
$3.75
$56.62
$57.42
$52.50
$53.41
$57.21
$35.89
$46.34
$57.63
$46.56
$52.16
$48.94
$33.13
$47.81
$52.47
$56.30
$1.76
$39.72
$49.85
$55.57
$34.89
$47.62
$52.89
$56.73
$52.28
$48.43
$54.30
$52.93
$45.16
$37.76
$57.57
$0.58
$56.42
$57.04
$56.91
$52.42
$57.25
$41.29
$49.74
$2,866.48

Post Employee
Wage Amt
$3,422.58
$3,265.68
$3,397.45
$3,077.38
$468.38
$3,485.27
$3,223.31
$3,352.11
$3,177.53
$3,200.94
$3,162.97
$3,217.76
$3,483.58
$686.52
$3,196.47
$2,532.34
$3,441.65
$2,171.11
$3,308.04
$2,340.98
$3,162.23
$3,059.15
$227.95
$3,444.88
$3,493.29
$3,193.83
$3,249.15
$3,480.62
$2,183.28
$2,819.24
$3,506.10
$2,832.65
$3,173.58
$2,977.58
$2,015.59
$2,908.78
$3,192.05
$3,424.96
$107.05
$2,416.37
$3,032.64
$3,380.80
$2,122.39
$2,897.10
$3,217.97
$3,451.54
$3,180.30
$2,946.11
$3,303.22
$3,219.93
$2,747.35
$2,297.25
$3,502.31
$35.02
$3,432.33
$3,470.23
$3,461.96
$3,188.94
$3,482.70
$2,511.78
$3,025.96
$174,388.21

Total Settlement
Amt
$5,025.37
$4,794.99
$4,988.46
$4,518.50
$687.72
$5,117.40
$4,732.78
$4,921.90
$4,665.56
$4,699.93
$4,644.18
$4,724.63
$5,114.92
$1,008.01
$4,693.36
$3,718.23
$5,053.36
$3,187.83
$4,857.18
$3,437.25
$4,643.09
$4,491.73
$334.70
$5,058.11
$5,129.19
$4,689.49
$4,770.72
$5,110.58
$3,205.70
$4,139.47
$5,147.99
$4,159.16
$4,659.76
$4,371.98
$2,959.48
$4,270.94
$4,686.88
$5,028.85
$157.18
$3,547.94
$4,452.81
$4,964.02
$3,116.30
$4,253.80
$4,724.93
$5,067.88
$4,669.63
$4,325.77
$4,850.11
$4,727.81
$4,033.93
$3,373.04
$5,142.43
$51.42
$5,039.68
$5,095.32
$5,083.19
$4,682.31
$5,113.64
$3,688.04
$4,443.01
$256,053.61