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 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 Non-Participating Class Members, and 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, for the duration of the PAGA Period, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the facts stated in the Operative Complaints and the PAGA Notice, including, violations of California Labor Code §§ 201, 202, 203, 204, 210, 226(a), 226.2, 226.3, 226.7, 256, 432, 510, 512, 558(a), 558.1, 1174, 1174.5, 1175, 1182.2, 1194, 1194.5, 1197, 1197.1, 1198, 1198.5, 1199, and 2802 as to the Aggrieved Employees and expressly excluding all other claims, including claims for vested benefits, wrongful termination, unemployment insurance, disability, social security, workers' compensation, and PAGA claims outside of the PAGA Period. The time period for this release is the PAGA Period of December 6, 2020 through January 9, 2024.

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx XXX has paid the Gross Settlement 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 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 alleged in the Action Actions and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non-Participating Class Members are as follows: All Non-Participating Class Members, and 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 successors, and assigns, for the duration of the PAGA Period, 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 Complaints and the PAGA Notice, Notice including, violations of without limitation, California Labor Code §§ sections 201, 202, 203, 204, 210, 226(a)216, 226.2221, 225.5, 226, 226.3, 226.7, 256, 432223, 510, 511, 512, 558(a)516, 558.1551, 552, 553, 558, 1174, 1174.51182.1-1182.3, 1175, 1182.2, 1194, 1194.5, 1197, 1194- 1197.1, 1198, 1198.5, 11992802, and 2802 2698 California Business and Professions Code section 17200, et seq, any IWC Wage Orders (as codified in the California Code of Regulations), any and all claims involving any alleged failure to the Aggrieved Employees and expressly excluding all other claimspay minimum wages, including claims for vested benefitsfailure to pay wages owed, wrongful terminationfailure to provide compliant meal breaks, unemployment insurancefailure to provide compliant paid rest periods, disabilitywage statement violations, social security, workers' compensationcontinuation wages, and PAGA claims outside of the PAGA Period. The time period for this release is the PAGA Period of December 6, 2020 through January 9, 2024unpaid vacation wages.

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 taxesSettlement, 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’ Releases for Participating and Non-Participating Class Members are as follows: All Non-Participating Class Members, and 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 successors, and assigns, for the duration of the PAGA Period, the Released Parties from any and all claims for PAGA civil penalties that were alleged, asserted in the PAGA Action and PAGA Notice or reasonably could have been allegedasserted against the Released Parties, based on including any claims for costs, expenses, and attorneys’ fees, claims reasonably arising out of, reasonably derived from, or reasonably related to the facts stated and matters alleged in the Operative Complaints PAGA Action and the PAGA Notice, including, violations of Notice pursuant to California Labor Code §§ sections 2698, et seq. for alleged violations of Labor Code sections 201, 202, 203, 204, 210, 221, 222.5, 223, 224, 226(a), 226.2, 226.3, 226.7, 256, 432512(a), 510, 512516, 558(a), 558.1, 11741174(d), 1174.5, 1175, 1182.21182.12, 1194, 1194.5, 1197, 1197.1, 1198, 1198.52751, 11992802, and 2802 as to the Aggrieved Employees 2810.5, and expressly excluding all other claims, including claims for vested benefits, wrongful (1) failure to compensate for rest periods and other non-productive time; (2) failure to pay minimum wages; (3) failure to provide and record meal periods; (4) failure to authorize and permit rest periods; (5) failure to provide and maintain compliant wage statements and failure to maintain payroll records; (6) failure to timely pay wages during employment; (7) failure to pay wages upon termination, unemployment insurance, disability, social security, workers' compensation, and PAGA claims outside ; (8) failure to pay costs of the PAGA Period. The time period for this release is the PAGA Period medical or physical examination; (9) secret payment of December 6, 2020 through January 9, 2024.lower wages;

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx PRC has paid the Gross Settlement (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 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 alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non-Participating Class Members are as follows: All Non-Participating Class Members, and 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 successors, and assigns, for the duration of the PAGA Period, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on during the PAGA Period, facts stated in the Operative Complaints Complaint and the PAGA NoticeNotices, including, violations any and all claims for failure to pay wages (including minimum wages, regular wages, overtime wages, failure to pay overtime at the regular rate, double time wages, reporting time wages, vacation wages, sick pay and shift differentials), failure to provide compliant meal periods and associated premium pay, failure to provide compliant rest periods and associated premium pay, failure to provide compliant wage statements, failure to timely pay wages upon separation of California employment, failure to timely pay wages during employment, including Labor Code §§ sections section 201, 202, 203, 204, 210, 226(a)222, 226.2223, 226, 226.3, 226.7, 256, 432246, 510, 512, 558(a), 558.1, 1174, 1174.5, 1175, 1182.2, 1194, 1194.51194.2, 1197, 1197.1, 1198, 1198.5, 1199, and 2802 as to the Aggrieved Employees and expressly excluding all other claims, including claims for vested benefits, wrongful termination, unemployment insurance, disability, social security, workers' compensation, and PAGA claims outside 2698 et seq. In light of the binding nature of a PAGA Periodjudgment on non-party employees pursuant to Xxxxx v. Superior Ct. The time period for (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 release is the PAGA Period of December 6, 2020 through January 9, 2024Release.

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Xxxxxxxxx Ansible has paid the Gross Settlement and separately paid the employer-side payroll taxes, all Aggrieved Employees will be barred from asserting PAGA claims against DefendantAnsible, 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 Ansible 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 Aggrieved Employees, including Non-Participating Class Members, and Participating Class Members who are Aggrieved Employees Employees, are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, for the duration of the PAGA Period, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the facts stated in and ascertained during the Operative Complaints and course of the Action, including claims for PAGA Notice, including, violations of California penalties resulting from allegations that Defendant: (1) failed to pay for all hours worked including overtime hours worked (Cal. Labor Code §§ 204, 206, 206.5, 207, 210, 216, 218, 218.6, 221, 223, 510, 558, 1194, 1197, 1197.1, 1198); (2) failed to pay overtime at regular rate of pay (Cal. Labor Code §200, 204, 206, 206.5, 207, 210, 216, 218, 218.6, 221, 223, 510, 558, 1194, 1197, 1197.1, 1198); (3) failed to pay wages due upon termination (Cal. Labor Code §201, 202, 203, 204, 210, 226(a256), 226.2, 226.3; (4) failed to provide rest breaks (Cal. Labor Code §226, 226.7, 256512, 432558, 5101198); (5) failed to provide uninterrupted meal breaks (Cal. Labor Code §226, 226.7, 512, 558(a558, 1198); (6) failed to reimburse for required business expenses (Cal. Labor Code 1198, 558.12802); and/or (7) failed to provide accurate wage statements and maintain accurate records (Cal. Labor Code §226, 1174, 1174.5, 1175, 1182.2, 1194, 1194.5, 1197, 1197.1, 1198, 1198.5, 1199, and 2802 as to the Aggrieved Employees and expressly excluding all other claims, including claims for vested benefits, wrongful termination, unemployment insurance, disability, social security, workers' compensation, and PAGA claims outside of the PAGA Period. The time period for this release is the PAGA Period of December 6, 2020 through January 9, 2024).