Vizcaino v. Microsoft

Woohoo...fork it over Bill!!!

Thanks for the great times in bldgs 41 and 44...props to the vs build and release team...which I'm sure's been decimated since I was there back in 1997.

Vizcaino v. Microsoft


October 2005

On September 30, 2005, the Court approved the distribution of $72,136,717.91 to 8,558 Qualifying Claimants. Payments are expected to be mailed by the third week in October.

If you have not received your payment by November 1, 2005, please contact us by calling 1-800-589-1425 or emailing at the link below.
Please do not contact the Settlement regarding your payment amount. For security purposes, this information will not be released.

Summary of Events (Timeline)
Notices of Work History and Claim Forms mailed - May 2003
Deadline for submitting Claim Forms – August 12, 2003
Untimely Appeals Resolved – March 4, 2005
Appeals on Merits Resolved – April 22, 2005
IRS finalizes Closing Agreement – August 8, 2005
Court approves Plan of Distribution – September 30, 2005

IRS Closing Agreement

The Internal Revenue Service in the closing agreement agreed that each Class Member payment would be broken into three categories. The closing agreement is binding on the Fund and the IRS with respect to the Fund. The three categories are:

A. Wage Amount – This is the difference between the Eligible Service Purchase Plan (“ESPP”) purchase price and the higher of two stock prices (the stock price at the beginning or the end of the ESPP offering period). The “wage amount” is subject to payroll tax and to income tax withholding. The wage amount is reported on a W-2 form, which will be included with the payment.

B. Imputed Investment Gain – For Eligible Service Periods prior to 1999, the “Imputed Investment Gain” is the difference between the value of the stock on the last day of the offering period and the value of the stock one-year later. For the period from 1999 and thereafter there is no imputed investment gain. The imputed investment gain is income to the class member, but is not subject to payroll tax or to income tax withholding. The investment gain is reported on an IRS form 1099B, which will be included with the payment.

C. Interest – Interest is 12% simple interest per year and it accrues from the date that Class Members are treated as selling the stock (one year after the end of the offering period), and ends on June 30, 2000, as provided in the Settlement Agreement. Interest is income to the Class Members, but is not subject to payroll tax or income tax withholding. The interest income is reported on an IRS form 1099, which will be included with the payment.
If you have questions concerning your own tax reporting, you should consult with a qualified tax advisor.

Calculation of Payment Amounts / Fees
The calculations of Class Member payments were done using the formula as described in the Settlement Agreement and in conjunction with the IRS Closing Agreement. Final calculations were reviewed and verified by an outside auditing firm. Class Members are not allowed to appeal the amount of their awards.

The formula for determining payment amount is complicated, but is based on the assumption that Class Member’s would have made additional income by purchasing and then selling Microsoft stock during the time they worked for Microsoft as a non-W-2 employee. The number of shares a Class Member would have purchased for each eligible period was determined, then a profit on the sale of the stock was calculated based on a one-year holding period and the Microsoft share prices listed on NASDAQ. The gross amount of compensation attributable to the Class Member, before pro ration, is this profit plus interest at 12 percent per year. Each Class Member’s payment amount was then reduced pro rata based on the amount of money available for distribution in the Settlement Fund.

The pro-rated percentage of the Settlement Fund that Class Members will receive is 77.8% less normal deductions for taxes. This is after deducting 28% for attorney fees.

In addition to the settlement administrator’s fees and costs, there were other fees for the third-party custodial agent, an auditing firm that verified all calculations, and a tax-consulting firm. The percentage of the Settlement fund for the fees for services of these three parties consisted of less than .5 per cent.

Total interest on the Fund was $6,290,604.20. Expenses for fees for all services and for taxes total $3,005.058.

(For more questions regarding distribution, please refer to the Q/A)

Definition of Class/Qualifying Class Members

A Class Member means all individuals who, during the period from December 29, 1986 through June 30, 2000, provided personal service to Microsoft in the United States while classified as independent contractors or employees of third-party employment agencies.

To be a qualifying class member, a Class Member must have worked at least nine consecutive months in which he or she performed 80 or more hours of Eligible Service per month.

Vendors or “v” workers were not classified as independent contractors or employees of third-party employment agencies and do not qualify.

To have eligible service as a class member, you must have worked at the beginning and end of an offering period. Eligible periods are the six-month Offering Periods for the ESPP during the time from January 1, 1987, up to and including June 30, 2000. A class member must have been on assignment for Microsoft at the beginning and end of the Offering period, performed eligible service within the first week of the offering period (January 1-8 or July 1-8), and the last week of the offering period (June 23-30 or December 24-31). These qualifying criteria are similar to the criteria stated in the Microsoft Stock purchase plan for regular employees.

Computer on a stick ::

I've got to DIY and replicate this for my netOS project....

:: Computer-On-a-Stick ::


First snow in the Mountains - Mt St. Helens Sugarbowl dome cam - copyright USGS

Copyright USGS - http://vulcan.wr.usgs.gov/Volcanoes/MSH/Images/MSH04/

MSH05_dome_from_sugarbowl_camera_10-04-05.jpg (JPEG Image, 1280x960 pixels)

one more of the old school
(c) bde 2005

(c) bde 2005

new school...this year's tech :-) mmmm...go nano...
(c) bde 2005

old school ...last year's tech
(c) bde 2005

(c) bde 2005

(c) bde 2005

gadgets, gadgets, gadgets...
(c) bde 2005