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 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 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 Defendant or its related entities based on the PAGA Period facts allege in the Action and resolved by this Settlement. The Aggrieved Employees’ 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 the PAGA Notice, including, e.g., any and all claims for PAGA penalties pursuant to Labor Code sections 203, 210, 226.3, 558, 1174.5, 1197.1, and 2699 in connection with any and all allegations of Labor Code and/or IWC Wage Order violations involving: (1) any alleged failure to pay wages (including minimum wage); (2) any alleged failure to pay overtime compensation; (3) any alleged failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; and (6) any alleged failure to timely pay wages due upon separation.

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx PRC 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 DefendantPRC, 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 Defendant PRC or its related entities based on the PAGA Period facts allege alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ 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, Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on during the PAGA Period Period, facts stated in the Operative Complaint and the PAGA NoticeNotices, including, e.g., any and all claims for PAGA penalties pursuant to Labor Code sections 203, 210, 226.3, 558, 1174.5, 1197.1, and 2699 in connection with any and all allegations of Labor Code and/or IWC Wage Order violations involving: (1) any alleged failure to pay wages (including minimum wage); (2) any alleged wages, regular wages, overtime wages, failure to pay overtime compensation; (3) any alleged at the regular rate, double time wages, reporting time wages, vacation wages, sick pay and shift differentials), failure to provide compliant meal periodsperiods and associated premium pay, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaksperiods and associated premium pay, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; and (6) any alleged , failure to timely pay wages due upon separationseparation of employment, failure to timely pay wages during employment, including Labor Code sections section 201, 202, 203, 204, 210, 222, 223, 226, 226.3, 226.7, 246, 510, 512, , 558.1, 1174, 1194, 1194.2, 1197, 1197.1, 1198, 1199, and 2698 et seq. In light of the binding nature of a PAGA judgment on non-party employees pursuant to Xxxxx v. Superior Ct. (Dairy) (2009) 46 Cal. 4th 969, PAGA Members who exclude themselves from the settlement of class claims shall still receive an individual PAGA payment and be subject to this PAGA Release.

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx has Defendants have paid the Gross Settlement Amount (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against DefendantDefendants, 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 Defendant Defendants or its their related entities based on the PAGA Period facts allege in the Action and claims resolved by this Settlement. The Aggrieved Employees’ 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, Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts factual allegations stated in the Operative Second Amended Complaint filed March 8, 2023, the April 29, 2022 and April 22, 2023 PAGA Notices, and ascertained in the PAGA Noticecourse of the Actions, including, e.g.1) failure to reimburse business expenses, any and all claims for PAGA penalties pursuant to Labor Code sections 203Sections 2802, 2102699(f)(2) (Aggrieved Employees), 226.3, 558, 1174.5, 1197.1, and 2699 in connection with any and all allegations of Labor Code and/or IWC Wage Order violations involving: (12) any alleged failure to pay wages all wages, Labor Code §§1194, 510, 2699(f)(2) (including minimum wageAggrieved Employees); (2, 3) any alleged failure to pay overtime compensation; wages, Labor Code §§1194, 510, 2699(f)(2) (3Aggrieved Employees), 4) any alleged meal period violations, Labor Code §§512, 226.7, 2699(f)(2) (Aggrieved Employees), 5) rest period violations, Labor Code §§226.7, 2699(f)(2) (Aggrieved Employees), 6) failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; and , Labor Code §§226, 2699(f)(2) (6Aggrieved Employees), 7) any alleged failure to provide sick pay, Labor Code §246, 2699(f)(2) (Aggrieved Employees), 8) failure to timely pay all wages due upon separationseparation and during employment, Labor Code §§201-204, 2699(f)(2) (Aggrieved Employees), and 9) failure to maintain accurate records, Labor Code §§1174, 2699(f)(2) (Aggrieved Employees).

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 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 Defendant or its related entities based on the PAGA Period facts allege alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ 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 Complaint, and the PAGA Notice, Notice and ascertained in the course of the Action including, e.g.(1) failure to pay wages and/or overtime under Labor Code sections 510, any 1194, and all claims for PAGA penalties 1199; (2) failure to provide meal breaks pursuant to Labor Code sections 203, 210, 226.3, 558, 1174.5, 1197.1, 226.7 and 2699 in connection with any and all allegations of Labor Code and/or IWC Wage Order violations involving: (1) any alleged failure to pay wages (including minimum wage); (2) any alleged failure to pay overtime compensation512; (3) any alleged failure to provide compliant meal periods, or compensation in lieu thereofrest breaks pursuant to Labor Code section 226.7; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereofaccurate itemized wage statements pursuant to Labor Code section 226(a); (5) any alleged failure to provide compliant accurate itemized wage statementspenalties under Labor Code section 203; and (6) any alleged failure to timely pay wages due upon separationviolation of Business & Professions Code section 17200.

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx has Defendants have paid the Gross Settlement Amount (and separately paid the employer-side payroll taxes)Amount, all Aggrieved Employees will be barred from asserting PAGA claims against DefendantDefendants, 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 Defendant Defendants or its related entities based on the PAGA Period facts allege alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non-Participating Class Members are as follows: All Participating and Non-Aggrieved Employees (regardless of whether they are Participating Class Members who are Aggrieved Employees Members) 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 (as defined above) from all claims for PAGA penalties that were alleged, or reasonably could have been allegedalleged 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 and (as defined above), the PAGA NoticeJanuary 31, 2022 letter that Plaintiff Xxxxxx Xxxxxxx Xxxxxx submitted to the LWDA providing notice pursuant to Labor Code section 2699.3(a), and/or the March 22, 2022 letter that Plaintiff Xxxx Xxxx submitted to the LWDA providing notice pursuant to Labor Code section 2699.3(a)., including, e.g., any and all claims for PAGA penalties pursuant to Labor Code sections 203, 210, 226.3, 558, 1174.5, 1197.1, and 2699 in connection with any and all allegations of Labor Code and/or IWC Wage Order violations involving: (1) any alleged failure to pay all wages due (including minimum wagewage and overtime wages); (2) any alleged , failure to pay overtime compensation; (3) any alleged for all hours worked, failure to provide compliant meal or rest periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; and (6) any alleged failure to timely pay wages due upon separationand final wages, failure to furnish accurate wage statements (including claims derivative and/or related to these claims), and failure to provide expense reimbursements.