Common use of Aggrieved Employees’ PAGA Release Clause in Contracts

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx has paid the Gross Settlement and separately paid the employer-side payroll taxes, all Aggrieved Employees will be barred from asserting PAGA claims against Defendant, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant or its related entities based on the facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Release: All Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and the PAGA Notice including, (1) failure to pay all wages and liquidated damages, (2) failure to reimburse business expenses; (3) failure to provide accurate itemized wage statements; (4) waiting time penalties; (5) unfair business practices; (6) recordkeeping requirement violations; (7) meal period violations; (8) rest period violations; (9) paid sick leave violations; (10) semimonthly payment violations; (11) standard conditions of labor violations; (12) unlawful deductions; and (13) unlawful agreements/inquiries into criminal history. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members, and (b) multiplying the result by the number of Workweeks worked by each individual Participating Class Member.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

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Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx Defendant, has paid the Gross Settlement Amount (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against Defendant, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Settlement Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ ReleaseReleases for Participating and Non-Settlement Class Members are as follows: All Participating and Non-Settlement Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, from all causes of action and claims for PAGA civil penalties under the California Labor Code Private Attorneys General Act of 2004 that were allegedalleged in the LWDA exhaustion letter, the operative complaint in the Action or reasonably could have been alleged, alleged based on the PAGA Period facts stated and legal theories contained in the Operative Complaint and operative complaint in the PAGA Notice includingLWDA exhaustion letter or Action, including claims for civil penalties based on the following: (1i) failure to pay all regular rate wages, minimum wages, and overtime wages and liquidated damagesdue; (ii) failure to provide compliant meal periods; (iii) failure to provide compliant rest breaks; (iv) failure to timely pay wages during employment; (v) failure to provide complete, accurate wage statements and/or maintain accurate payroll records; (2vi) failure to pay wages timely at time of termination or resignation; (vii) failure to reimburse or indemnify necessary business expenses; (3viii) failure to pay and/or provide accurate itemized wage statements; (4) waiting time penalties; (5) unfair business practices; (6) recordkeeping requirement violations; (7) meal period violations; (8) rest period violations; (9) paid sick leave violations; (10) semimonthly payment violations; (11) standard conditions of labor violations; (12) unlawful deductions; and (13) unlawful agreements/inquiries into criminal history. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members, and (b) multiplying the result by the number of Workweeks worked by each individual Participating Class Member.leave;

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Aggrieved Employees’ PAGA Release. After the Court’s 's judgment is final, and Xxxxxxxxx ABR has paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against DefendantABR, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, sue or participate in any other PAGA claim against Defendant ABR or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Release' Releases for Participating and Non-Participating Class Members are as follows: All Participating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and Complaint, the PAGA Notice Notice, and ascertained in the course of the Action including, (1) e.g., failure to pay all straight time wages, failure to pay all overtime wages, failure to provide meal periods, failure to authorize and permit rest periods, failure to adopt a compliant sick pay policy, failure to comply with itemized employee wage statement provisions, failure to pay all wages due at the time of termination, and liquidated damages, (2) failure to reimburse business expenses; (3) failure to provide accurate itemized wage statements; (4) waiting time penalties; (5) unfair business practices; (6) recordkeeping requirement violations; (7) meal period violations; (8) rest period violations; (9) paid sick leave violations; (10) semimonthly payment violations; (11) standard conditions of labor violations; (12) unlawful reimburse/illegal deductions; and (13) unlawful agreements/inquiries into criminal history. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator This release will calculate Individual Class Payments by (a) dividing be for the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members, and (b) multiplying the result by the number of Workweeks worked by each individual Participating Class Member.PAGA Period..

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx Me Xxxxx has paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against DefendantMe Gusta, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant Me Gusta or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ ReleaseReleases for Participating and Non-Participating Class Members are as follows: All Participating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts facts, legal theories, or claims stated in the Operative Complaint and the PAGA Notice includingand ascertained in the course of the Action, including but not limited to any and all claims involving any alleged (1) failure to pay all wages including minimum wages and liquidated damages, overtime; (2) failure to reimburse business expensesprovide rest periods or compensation in lieu thereof; (3) failure to provide accurate itemized wage statementsmeal periods or compensation in lieu thereof; (4) waiting time penaltiesfailure to pay wages due at separation of employment; (5) unfair failure to reimburse for business practicesexpenditures; and (6) recordkeeping requirement violations; (7) meal period violations; (8) rest period violations; (9) paid sick leave violations; (10) semimonthly payment violations; (11) standard conditions of labor violations; (12) unlawful deductions; and (13) unlawful agreements/inquiries into criminal history. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members, and (b) multiplying the result by the number of Workweeks worked by each individual Participating Class Memberfailure to provide accurate wage statements.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx Xxxxxxxx has paid the Gross Settlement Settlement, and separately paid the employer-side payroll taxes, all Aggrieved Employees will be barred from asserting PAGA claims against DefendantHoneybee, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant Honeybee or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ ReleaseReleases for Participating and Non-Participating Class Members are as follows: All Participating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint Complaint, and the PAGA Notice Notice, and ascertained in the course of the Action, including, (1) any and all claims involving any alleged failure to pay all minimum wages, overtime wages, wages due upon termination, reimbursable expenses, sick days, and liquidated damages, (2) failure to reimburse business expenses; (3) failure failing to provide meal periods, rest breaks, accurate itemized wage statements; (4) waiting time penalties; (5) unfair business practices; (6) recordkeeping requirement violations; (7) meal period violations; (8) rest period violations; (9) paid sick leave violations; (10) semimonthly payment violations; (11) standard conditions of labor violations; (12) unlawful deductions; and (13) unlawful agreements/inquiries into criminal history. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members, and (b) multiplying the result by the number of Workweeks worked by each individual Participating Class Memberfailure to provide wages on a timely basis.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx Defendant has paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against Defendant, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ ReleaseReleases for Participating and Non-Participating Class Members are as follows: All Participating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and the PAGA Notice includingincluding claims for failure to pay minimum wages, (1) failure to pay overtime wages, failure to pay the correct applicable overtime rate, failure to pay all hourly wages including minimum and liquidated damagesovertime wages as a result of auto-deductions for meal periods, unlawful and inaccurate recording of time, off-the-clock work, failing to authorize and permit meal breaks (2) including requiring, suffering, and/or permitting Class Members to work through meal breaks), failure to reimburse authorize and permit rest periods, failure to indemnify for necessary business expenses; (3) expenses including for mileage and cell phone use, failure to timely pay final wages at termination, failure to properly maintain required records, failure to provide accurate itemized wage statements; (4) waiting time penalties; (5) , unfair and unlawful business practices; (6) recordkeeping requirement violations; (7) meal period violations; (8) rest period violations; (9) paid sick leave violations; (10) semimonthly payment violations; (11) standard conditions of labor violations; (12) unlawful deductions; and (13) unlawful agreements/inquiries into criminal history. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members, and (b) multiplying the result by the number of Workweeks worked by each individual Participating Class Memberany other claims, including claims for statutory and/or civil penalties.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx Arjo has paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against DefendantArjo, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant Arjo or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ ReleaseReleases for Participating and Non-Participating Class Members are as follows: All Participating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, Parties from all claims claims, demands, rights, liabilities, penalties, fees, and causes of action for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and Complaint, stated in the PAGA Notice Notice, and/or ascertained in the course of the Action, including, (1) any and all claims involving any alleged failure to pay all regular wages, minimum wages, and overtime wages and liquidated damages, (2) due; failure to reimburse business expensesproperly calculate overtime; (3) failure to provide accurate itemized proper meal and rest periods, and to properly provide premium payment in lieu thereof; failure to provide complete, accurate, or properly formatted wage statements; (4) failure to maintain payroll records; failure to timely pay all wages during employment or at separation of employment; waiting time penalties; (5) failure to properly calculate and pay sick pay; failure to reimburse for business expenses; unfair business practices; (6) recordkeeping requirement violations; (7) meal period violations; (8) rest period violations; (9) paid sick leave violations; (10) semimonthly payment violations; (11) standard conditions practices that could have bene premised on the claims, causes of labor violations; (12) unlawful deductionsaction or legal theories of relief described above; and (13) unlawful agreements/inquiries into criminal history. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing all claims under PAGA that could have been premised on the Net Settlement Amount by the total number claims, causes of Workweeks worked by all Participating Class Membersaction, and (b) multiplying the result by the number of Workweeks worked by each individual Participating Class Memberor legal theories described above.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx DEFENDANT has paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against DefendantDEFENDANT, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant DEFENDANT or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ ReleaseReleases for Participating and Non-Participating Class Members are as follows: All Upon full funding of the Gross Settlement Amount, the Defendant shall be entitled to a release from the Participating Class Members of all claims that were alleged, or reasonably could have been alleged, based facts stated in the Operative Complaint which occurred during the Class Period and a release from the State of California and Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and the PAGA Notice includingNotice, (1) failure to pay all wages and liquidated damages, (2) failure to reimburse business expenses; (3) failure to provide accurate itemized wage statements; (4) waiting time penalties; (5) unfair business practices; (6) recordkeeping requirement violations; (7) meal period violations; (8) rest period violations; (9) paid sick leave violations; (10) semimonthly payment violations; (11) standard conditions of labor violations; (12) unlawful deductions; and (13) unlawful agreements/inquiries into criminal history. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing which occurred during the Net Settlement Amount by the total number of Workweeks worked by all Participating Class MembersPAGA Period, and (b) multiplying expressly excluding all other claims, including claims for vested benefits, wrongful termination, violation of the result by Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, and California class claims outside of the number Class Period, and PAGA claims outside of Workweeks worked by each individual Participating Class Memberthe PAGA period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

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Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx Xxxxxxxx has paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against DefendantSerendib, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant Serendib or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ ReleaseReleases for Participating and Non-Participating Class Members are as follows: All Participating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint Complaint, and the PAGA Notice and ascertained in the course of the Action including, (1) claims for failure to pay all wages and liquidated damagesminimum wage, (2) failure to reimburse business expenses; (3) pay overtime wages, failure to provide meal periods, failure to permit rest breaks, failure to provide accurate itemized wage statements; (4) waiting time penalties; (5) unfair business practices; (6) recordkeeping requirement violations; (7) meal period violations; (8) rest period violations; (9) paid sick leave violations; (10) semimonthly payment violations; (11) standard conditions , failure to pay all wages due upon separation of labor violations; (12) unlawful deductions; and (13) unlawful agreements/inquiries into criminal history. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members, and (b) multiplying the result by the number of Workweeks worked by each individual Participating Class Memberemployment.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx the Company has paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against Defendantthe Company, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant the Company or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ ReleaseReleases for Participating and Non-Participating Class Members are as follows: All Aggrieved Employees Employees, whether or not they are deemed to Participating Class Members or Non-Participating Class Members, release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint Complaint, and the PAGA Notice and ascertained in the course of the Action including, (1) e.g., any and all claims involving any alleged failure to pay minimum wage, failure to pay overtime wage, failure to provide meal periods, failure to provide rest periods, failure to timely pay earned wages during employment, failure to provide complete and accurate wage statements, failure to pay all earned wages and liquidated damages, (2) failure to reimburse business expenses; (3) failure to provide accurate itemized wage statements; (4) waiting final paychecks due at time penalties; (5) unfair business practices; (6) recordkeeping requirement violations; (7) meal period violations; (8) rest period violations; (9) paid sick leave violations; (10) semimonthly payment violations; (11) standard conditions of labor violations; (12) unlawful deductions; and (13) unlawful agreements/inquiries into criminal history. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number separation of Workweeks worked by all Participating Class Members, and (b) multiplying the result by the number of Workweeks worked by each individual Participating Class Memberemployment.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx Defendant has paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against Defendant, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ ReleaseReleases for Participating and Non-Participating Class Members are as follows: All Participating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint Complaint, and the PAGA Notice and ascertained in the course of the Action including, but not limited to, any claims for civil penalties based on Defendant’s alleged: (1a) failure to pay all minimum, straight time, overtime, or double time wages, and failure to pay other wages and liquidated damages, of any kind during employment; (2b) failure to reimburse business expensesauthorize and permit rest periods or pay rest period premiums; (3c) failure to provide meal periods or pay meal period premiums; (d) failure to provide accurate and itemized wage statements; (4f) waiting time penaltiesfailure to maintain accurate employment records; (5e) unfair business practicesfailure to pay timely wages; (6f) recordkeeping requirement violationsfailure to pay final wages due at separation; (7g) meal period violations; (8) rest period violations; (9) paid sick leave violations; (10) semimonthly payment violations; (11) standard conditions and failure to reimburse or indemnify all necessary business expenses. This includes, but is not limited, claims for alleged violation of labor violations; (12) unlawful deductions; and (13) unlawful agreements/inquiries into criminal historyCalifornia Labor Code §§ 201, 202, 203, 204, 226, 226.7, 510, 1174. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members1174.5, 1194, 1198, and (b) multiplying the result by the number of Workweeks worked by each individual Participating Class Member2802.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx Defendant has paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against Defendant, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant or its related entities based on the PAGA Period facts alleged allege in the Action and resolved by this Settlement. The Aggrieved Employees’ ReleaseReleases for Participating and Non-Participating Class Members are as follows: All Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint Complaint, and the PAGA Notice including, (1) failure to pay all wages and liquidated damages, (2) failure to reimburse business expenses; (3) failure to provide accurate itemized wage statements; (4) waiting time penalties; (5) unfair business practices; (6) recordkeeping requirement violations; (7) meal period violations; (8) rest period violations; (9) paid sick leave violations; (10) semimonthly payment violations; (11) standard conditions ascertained in the course of labor violations; (12) unlawful deductions; and (13) unlawful agreements/inquiries into criminal historythe Action. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all All Participating Class MembersMembers who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and (b) multiplying assigns, the result by Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the number PAGA Period facts stated in the Operative Complaint, and the PAGA Notice and ascertained in the course of Workweeks worked by each individual the Action. All Non-Participating Class MemberMembers who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint, and the PAGA Notice and ascertained in the course of the Action.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

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