Aggrieved Employees Clause Samples

Aggrieved Employees. As of the Effective Date and upon full funding of the Gross Settlement Amount by Defendant, Defendant shall be entitled to a release from the State of California of all PAGA claims pled or could have been pled based on the factual allegations contained in in the Complaints and/or Amended Complaints filed in the Actions and the written notice(s) sent to the Labor & Workforce Development Agency pursuant to California Labor Code § 2699.3(a)(1) that occurred during the PAGA Period as to the Aggrieved Employees and excluding all PAGA claims outside of the PAGA Period (“Released PAGA Claims”). The release of the Released PAGA Claims shall be effective as to all Aggrieved Employees, regardless of whether an Aggrieved Employee submitted a request for an exclusion from the Class.

Aggrieved Employees. Upon final approval and in exchange for payment of the PAGA Payment, Plaintiff ▇▇▇▇, State of California, and all Aggrieved Employees will waive and release the Released Parties from the PAGA Released Claims (as defined above in section I(Z)).

Aggrieved Employees. For the purposes of this Settlement Agreement only, Plaintiff and Defendant stipulate to the following definition of Aggrieved Employees: All current and former non-exempt, hourly, employees of Defendant National Paving Company, Inc. who worked in California at any time from March 19, 2020 through the date of preliminary approval. For purposes of this Settlement Agreement, the “PAGA Period” and release under the PAGA shall mean the time period between March 19, 2020 and the date of preliminary approval.

Aggrieved Employees. 15 a. Class Member Payments and the PAGA Aggrieved Employees’ 16 portion of the PAGA Payment will be mailed by the Settlement Administrator by First Class U.S. 17 Mail within sixty (60) calendar days following the Effective Date. 18 b. Checks paid to PAGA Aggrieved Employees and Settlement Class 19 Members shall remain valid and negotiable for 180 days from the date of their issuance. After 20 one-hundred eighty (180) calendar days from the date of mailing, the checks shall become null and 21 void, and any monies remaining in the distribution account shall be distributed to the Controller of 22 the State of California to be held pursuant to the Unclaimed Property Law, California Civil Code 23 §§ 1500 et seq., for the benefit of those Settlement Class Members and PAGA Aggrieved 24 Employees who did not cash their checks until such time that they claim their property. The 25 Parties agree that this disposition results in no “unpaid residue” under California Civil Procedure 26 Code § 384, as the entire Class Payout Fund will be paid out to Class Members, whether or not 27 they all cash their Class Member Payments. Therefore, Defendant will not be required to pay any 28 interest on said amount. DocuSign Envelope ID: BDF97D9C-6021-4C02-9621-5C614D6450E7 DocuSign Envelope ID: FF20DA7D-306F-471C-A215-C3D4B805333E

Aggrieved Employees. The Administrator will send, by U.S. mail, two rounds of Individual PAGA Payment checks to every Aggrieved Employee.

Aggrieved Employees the employee(s) filing the grievance or causing the grievance to be filed.

Aggrieved Employees. An “Aggrieved Employee” is each individual who 10 worked for Defendant in California as a non-exempt warehouse employee at any time during the PAGA

Aggrieved Employees. All non-exempt employees employed by Defendant from March 5, 2020 through the earlier of January 31, 2022 and/or preliminary approval of this Settlement.

Aggrieved Employees. Upon entry of final judgment and payment tendered by Defendant of the Gross Settlement Amount, Defendant and the Released Parties shall receive a release from the State of California of all PAGA claims which were pled or could have been pled based on the factual allegations contained in the operative complaint and/or the PAGA letters sent by Plaintiff that occurred during the PAGA Period (“Released PAGA Claims”). The release of the Released PAGA Claims shall be effective as to all Aggrieved Employees, regardless of whether an Aggrieved Employee submitted a request for an exclusion from the Settlement Class. The Released PAGA Claims expressly exclude claims for vested benefits, wrongful termination, unemployment insurance, disability, social security, workers’ compensation, and PAGA claims outside of the PAGA Period, and all other claims not covered by the Released PAGA Claims. It is the desire of the Parties to fully, finally, and forever settle, compromise, and discharge the Released PAGA Claims. Upon entry of the Order and Final Judgment approving payment of the payment of PAGA penalties as described in this Agreement, Plaintiff, the Aggrieved Employees and the State of California shall be bound by this Agreement and shall have recourse exclusively to the benefits, rights, and remedies provided in this Agreement. Plaintiff, the Aggrieved Employees and the State of California shall be deemed to have, and by operation of the Order and Final Judgment granting approval of this Agreement, shall fully, finally, and forever release, relinquish, and discharge each and all of the Released Parties from the Released PAGA Claims that arose during the PAGA Period. As a result of this release, the Aggrieved Employees will be unable to bring a civil penalties claim under the California Private Attorneys General Act, California Labor Code§ 2698 et seq., for any of the Released PAGA Claims that took place during the PAGA Period. The Released PAGA Claims are extinguished and may not be brought by a successor, spouse, heir, agent or other person entity.