Common use of Aggrieved Employees’ PAGA Release Clause in Contracts

Aggrieved Employees’ PAGA Release. Effective on the date when Defendants fully fund the entire Gross Settlement Amount and fund Employer Paid Taxes owed on the Wage Portion of the Individual Class Payments, all Aggrieved Employees will be barred from asserting PAGA claims against Defendants, 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 Defendants or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non- Participating Class Members are as follows: All claims, rights, demands, liabilities, and causes of action for PAGA civil penalties asserted in the Action (as amended) and/or arising from, or reasonably related to the facts and claims alleged in the Complaint, the First Amended Complaint, the Second Amended Complaint, and/or June 25, 2021 LWDA exhaustion letter identified on the LWDA’s website as LWDA-CM-836198-21. Such claims, rights, demands, liabilities, and causes of action include those arising out of the following: California Minimum Wage Order (MW-2014), Labor Code sections 201, 202, 203, 204, 218.5, 221, 226, 226.3, 226.7, 510, 1194, 1197, 1198, 2698 et seq. Further, such claims, rights, demands, liabilities, and causes of action include those for PAGA civil penalties for unpaid wages, including, but not limited to, failure to pay minimum wages, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; failure to pay wages at least twice each calendar month; failure to timely pay wages; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; failure to provide meal periods; failure to authorize and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell-phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; failure to provide/furnish accurate itemized wage statements; deductions; failure to keep/maintain accurate records; failure to timely pay final wages; and unlawful deductions and/or withholdings from wages; unfair business practices.

Aggrieved Employees’ PAGA Release. Effective on After the date when Court’s judgment is final, and Defendants fully fund have paid the entire Gross Settlement Amount (and fund Employer Paid Taxes owed on separately paid the Wage Portion of the Individual Class Paymentsemployer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against Defendants, 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 Defendants or its their related entities based on the PAGA Period facts alleged in the Action and claims resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non- Participating Class Members are as follows: All claimsAggrieved Employees are deemed to release, rightson behalf of themselves and their respective former and present representatives, demandsagents, liabilitiesattorneys, heirs, administrators, successors, and causes of action assigns, the Released Parties from all claims for PAGA civil penalties asserted in the Action (as amended) and/or arising fromthat were alleged, or reasonably related to could have been alleged, based on the facts and claims alleged PAGA Period factual allegations stated in the ComplaintOperative Second Amended Complaint filed March 8, 2023, the First Amended ComplaintApril 29, the Second Amended Complaint2022 and April 22, and/or June 25, 2021 LWDA exhaustion letter identified on the LWDA’s website as LWDA-CM-836198-21. Such claims, rights, demands, liabilities2023 PAGA Notices, and causes of action include those arising out ascertained in the course of the following: California Minimum Wage Order (MW-2014)Actions, including, 1) failure to reimburse business expenses, Labor Code sections 201Sections 2802, 2022699(f)(2) (Aggrieved Employees), 2032) failure to pay all wages, 204Labor Code §§1194, 218.5510, 2212699(f)(2) (Aggrieved Employees), 2263) failure to pay overtime wages, 226.3Labor Code §§1194, 510, 2699(f)(2) (Aggrieved Employees), 4) meal period violations, Labor Code §§512, 226.7, 5102699(f)(2) (Aggrieved Employees), 11945) rest period violations, 1197Labor Code §§226.7, 11982699(f)(2) (Aggrieved Employees), 2698 et seq. Further, such claims, rights, demands, liabilities, and causes of action include those for PAGA civil penalties for unpaid wages, including, but not limited to, 6) failure to pay minimum wagesprovide accurate itemized wage statements, straight time compensationLabor Code §§226, overtime compensation2699(f)(2) (Aggrieved Employees), double-time compensation, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; 7) failure to pay wages at least twice each calendar month; provide sick pay, Labor Code §246, 2699(f)(2) (Aggrieved Employees), 8) failure to timely pay wages; missed/short/late/interrupted meal periodall wages upon separation and during employment, rest periodLabor Code §§201-204, and/or recovery period wages/premiums; 2699(f)(2) (Aggrieved Employees), and 9) failure to provide meal periods; failure to authorize and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell-phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; failure to provide/furnish accurate itemized wage statements; deductions; failure to keep/maintain accurate records; failure to timely pay final wages; and unlawful deductions and/or withholdings from wages; unfair business practices, Labor Code §§1174, 2699(f)(2) (Aggrieved Employees).

Aggrieved Employees’ PAGA Release. Effective on After the date when Defendants fully fund Court’s judgment is final, and Defendant has paid the entire Gross Settlement Amount (and fund Employer Paid Taxes owed on separately paid the Wage Portion of the Individual Class Paymentsemployer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against DefendantsDefendant, 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 Defendants Defendant or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non- Non-Participating Class Members are as follows: All claimsParticipating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, rightson behalf of themselves and their respective former and present representatives, demandsagents, liabilitiesattorneys, heirs, administrators, successors, and causes of action assigns, the Released Parties, from all claims for PAGA civil penalties asserted in the Action (as amended) and/or arising fromthat were alleged, or reasonably related to could have been alleged, based on the PAGA Period facts and claims alleged stated in the Operative Complaint, and the First Amended Complaint, PAGA Notice and ascertained in the Second Amended Complaint, and/or June 25, 2021 LWDA exhaustion letter identified on the LWDA’s website as LWDA-CM-836198-21. Such claims, rights, demands, liabilities, and causes of action include those arising out course of the following: California Minimum Wage Order Action including, (MW-2014), 1) failure to pay wages and/or overtime under Labor Code sections 201, 202, 203, 204, 218.5, 221, 226, 226.3, 226.7, 510, 1194, 1197, 1198, 2698 et seq. Further, such claims, rights, demands, liabilities, and causes of action include those for PAGA civil penalties for unpaid wages, including, but not limited to, failure to pay minimum wages, straight time compensation, overtime compensation, double-time compensation, and interest1199; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; failure to pay wages at least twice each calendar month; failure to timely pay wages; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; (2) failure to provide meal periodsbreaks pursuant to Labor Code sections 226.7 and 512; (3) failure to authorize and permit provide rest periods and/or recovery periodsbreaks pursuant to Labor Code section 226.7; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell-phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; (4) failure to provide/furnish provide accurate itemized wage statementsstatements pursuant to Labor Code section 226(a); deductions(5) penalties under Labor Code section 203; failure to keep/maintain accurate records; failure to timely pay final wages; and unlawful deductions and/or withholdings from wages; unfair business practices(6) violation of Business & Professions Code section 17200.

Aggrieved Employees’ PAGA Release. Effective on After the date when Defendants fully fund Court’s judgment is final, and TravelStore has paid the entire Gross Settlement Amount (and fund Employer Paid Taxes owed on separately paid the Wage Portion of the Individual Class Paymentsemployer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against DefendantsTravelStore, 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 Defendants TravelStore or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non- Non-Participating Class Members are as follows: All claimsParticipating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, rightson behalf of themselves and their respective former and present representatives, demandsagents, liabilitiesattorneys, heirs, administrators, successors, and causes of action assigns, the Released Parties, from all claims for PAGA civil penalties asserted in the Action (as amended) and/or arising fromthat were alleged, or reasonably related to could have been alleged, based on the PAGA Period facts and claims alleged stated in the Operative Complaint, and the First Amended Complaint, PAGA Notice and ascertained in the Second Amended Complaint, and/or June 25, 2021 LWDA exhaustion letter identified on the LWDA’s website as LWDA-CM-836198-21. Such claims, rights, demands, liabilities, and causes of action include those arising out course of the following: California Minimum Wage Order Action, including any and all claims for (MW-2014), Labor Code sections 201, 202, 203, 204, 218.5, 221, 226, 226.3, 226.7, 510, 1194, 1197, 1198, 2698 et seq. Further, such claims, rights, demands, liabilities, and causes of action include those for PAGA civil penalties for unpaid wages, including, but not limited to, 1) failure to pay minimum wages, and straight time compensation, overtime compensation, double-time compensation, and interestwages; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; (2) failure to pay wages at least twice each calendar month; failure to timely pay overtime wages; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; (3) failure to provide meal periods; (4) failure to authorize and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell-phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; failure to provide/furnish accurate itemized wage statements; deductions; failure to keep/maintain accurate records; (5) failure to timely pay final wageswages at termination; and unlawful deductions and/or withholdings from wages; unfair business practices(6) failure to provide accurate itemized wage statements.

Aggrieved Employees’ PAGA Release. Effective on After the date when Defendants fully fund Court’s judgment is final, and Electro Adapter has paid the entire Gross Settlement Amount and fund Employer Paid Taxes owed on separately paid the Wage Portion of the Individual Class Paymentsemployer-side payroll taxes, all Aggrieved Employees will be barred from asserting PAGA claims against DefendantsElectro Adapter, 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 Defendants Electro Adapter or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non- Participating Class Members are as follows: All claimsAggrieved Employees are deemed to release, rightson behalf of themselves and their respective former and present representatives, demandsagents, liabilitiesattorneys, heirs, administrators, successors, and causes of action assigns, the Released Parties, from all claims for PAGA civil penalties asserted in the Action (as amended) and/or arising fromthat were alleged, or reasonably related to could have been alleged, based on the PAGA Period facts and claims alleged stated in the Complaint, Operative Complaint and the First Amended Complaint, PAGA Notice including the Second Amended Complaint, and/or June 25, 2021 LWDA exhaustion letter identified on the LWDA’s website as LWDA-CM-836198-21. Such claims, rights, demands, liabilities, and causes of action include those arising out of the following: California Minimum Wage Order (MW-2014), Labor Code sections 201, 202, 203, 204, 218.5, 221, 226, 226.3, 226.7, 510, 1194, 1197, 1198, 2698 et seq. Further, such claims, rights, demands, liabilities, and causes of action include those for PAGA civil penalties for unpaid 1) failure to pay overtime wages, including, but not limited to, ; (2) failure to pay minimum wages, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; (3) failure to pay provide meal periods or provide premium wages at least twice each calendar monthin lieu thereof; (4) failure to provide rest periods or provide premium wages in lieu thereof; (5) wage statement violations under Labor Code section 226, et seq.; (6) failure to timely pay wages; missed/short/late/interrupted meal periodall wages due at separation, rest period, and/or recovery period wages/premiums; failure to provide meal periods; failure to authorize and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell-phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; failure to provide/furnish accurate itemized wage statements; deductions; failure to keep/maintain accurate records; failure to timely pay final wages; and unlawful deductions and/or withholdings from wages; unfair business practicesrelevant Wage Orders issued by the Industrial Welfare Commission.

Aggrieved Employees’ PAGA Release. Effective on After the date when Defendants fully fund Court’s judgment is final, and Xxxxxxxxx has paid the entire Gross Settlement Amount (and fund Employer Paid Taxes owed on separately paid the Wage Portion of the Individual Class Paymentsemployer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against DefendantsDefendant, whether or not they exclude themselves from the Class 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 Defendants Defendant or its related entities based on the PAGA Period facts alleged allege in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non- Non-Participating Class Members are as follows: All claimsParticipating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, rightson behalf of themselves and their respective former and present representatives, demandsagents, liabilitiesattorneys, heirs, administrators, successors, and causes of action assigns, the Released Parties, from all claims for PAGA civil penalties asserted in the Action (as amended) and/or arising fromthat were alleged, or reasonably related to could have been alleged, based on the PAGA Period facts and claims alleged stated in the ComplaintOperative Complaint and the PAGA Notice, the First Amended Complaintincluding, the Second Amended Complainte.g., and/or June 25, 2021 LWDA exhaustion letter identified on the LWDA’s website as LWDA-CM-836198-21. Such claims, rights, demands, liabilities, any and causes of action include those arising out of the following: California Minimum Wage Order (MW-2014), all claims for PAGA penalties pursuant to Labor Code sections 201, 202, 203, 204, 218.5, 221, 226210, 226.3, 226.7558, 5101174.5, 1194, 1197, 1198, 2698 et seq. Further, such claims, rights, demands, liabilities1197.1, and causes 2699 in connection with any and all allegations of action include those for PAGA civil penalties for unpaid wages, including, but not limited to, failure to pay minimum wages, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; wages related to Labor Code and/or IWC Wage Order violations involving: (1) any alleged unlawful time rounding; travel time pay; failure to pay wages at least twice each calendar month(including minimum wage); (2) any alleged failure to timely pay wagesovertime compensation; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; (3) any alleged failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to authorize and permit provide compliant rest periods and/or recovery periodsbreaks, or compensation in lieu thereof; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell-phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; (5) any alleged failure to provide/furnish provide compliant accurate itemized wage statements; deductions; failure to keep/maintain accurate records; and (6) any alleged failure to timely pay final wages; and unlawful deductions and/or withholdings from wages; unfair business practiceswages due upon separation.

Aggrieved Employees’ PAGA Release. Effective on After the date when Court’s judgment is final, and Defendants fully fund have paid the entire Gross Settlement Amount and fund Employer Paid Taxes owed on the Wage Portion of the Individual Class PaymentsAmount, all Aggrieved Employees will be barred from asserting PAGA claims against Defendants, 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 Defendants or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non- Non-Participating Class Members are as follows: All claimsAggrieved Employees (regardless of whether they are Participating Class Members) are deemed to release, rightson behalf of themselves and their respective former and present representatives, demandsagents, liabilitiesattorneys, heirs, administrators, successors, and causes of action assigns, the Released Parties (as defined above) from all claims for PAGA civil penalties asserted in the Action (as amended) and/or arising fromthat were alleged, or reasonably related could have been alleged in connection with their employment on the production of the first, second, and/or third seasons of The L Word: Generation Q, based on the PAGA Period facts stated in the Operative Complaint (as defined above), the January 31, 2022 letter that Plaintiff Xxxxxx Xxxxxxx Xxxxxx submitted to the facts and claims alleged in the Complaint, the First Amended Complaint, the Second Amended ComplaintLWDA providing notice pursuant to Labor Code section 2699.3(a), and/or June 25the March 22, 2021 2022 letter that Plaintiff Xxxx Xxxx submitted to the LWDA exhaustion letter identified on the LWDA’s website as LWDA-CM-836198-21. Such claims, rights, demands, liabilities, and causes of action include those arising out of the following: California Minimum Wage Order (MW-2014), providing notice pursuant to Labor Code sections 201, 202, 203, 204, 218.5, 221, 226, 226.3, 226.7, 510, 1194, 1197, 1198, 2698 et seq. Further, such claims, rights, demands, liabilities, and causes of action include those for PAGA civil penalties for unpaid wagessection 2699.3(a)., including, but not limited toe.g., any failure to pay all wages due (including minimum wage and overtime wages), failure to pay minimum wages, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; failure to pay wages at least twice each calendar month; failure to timely pay wages; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; failure to provide meal periods; failure to authorize and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell-phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; failure to provide/furnish accurate itemized wage statements; deductions; failure to keep/maintain accurate records; provide meal or rest periods, failure to timely pay wages and final wages; , failure to furnish accurate wage statements (including claims derivative and/or related to these claims), and unlawful deductions and/or withholdings from wages; unfair business practicesfailure to provide expense reimbursements.