Class Representatives Released Claims. Upon the Effective Date, Class 6 Representatives, on behalf of themselves and their heirs, representatives, successors, assigns, and 7 attorneys, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, 8 and forever released, finally, and forever released, relinquished, and discharged the Released 9 Parties from the following claims, which pursuant to the Agreement are being released through 10 and including the dates of the Class Period: all wage and hour class claims that are or could have 11 been alleged in the Complaint related to unreimbursed business expenses associated with their 12 employment with BOTW as (1) Mortgage Banker, (2) Mortgage Banker HC NonNetwork, (3) 13 Mortgage Banker Private, and/or (4) Mortgage Banker Std NonNetwork, in California. These 14 released claims include but are not limited to: claims for Labor Code Sections 218.5, 2699, and 15 2802; violation of Private Attorneys General Act (PAGA) (Lab. Code § 2698, et seq.); violation of 16 Wage Order No. 4, and claims related to any and all damages, penalties, interest, punitive 17 damages, liquidated damages, attorneys’ fees, costs, injunctive relief, declaratory relief, or 18 accounting based on or related to the above claims (the “Class Representatives Released 19 Claims”). The Class Representatives Released Claims expressly exclude all unrelated claims 20 including but not limited to claims for retaliation, discrimination, unemployment insurance, 21 disability, workers’ compensation, and claims outside the Class Period.
Class Representatives Released Claims. In consideration for all terms and payments contained in this Settlement Agreement and as of the Effective Date, Plaintiffs Xxxxxxxxx and Xxxxxx shall fully release Defendant and its former and current parents, subsidiaries, and affiliated corporations, their officers, directors, employees, partners, contractors, shareholders, agents, insurers, employee benefit plans, and any other successors, assigns, or legal representatives (“Parties Released by Class Representatives”), from any and all known and unknown claims, promises, causes of action, or similar rights of any type that they each may currently have for the period May 3, 2015 and through and including the Effective Date (as defined herein), under federal and state law, including but not limited to those raised in the Lawsuit or that could have been alleged in the Lawsuit, those arising from or related to their employment with Defendant, Plaintiffs agree and understand that Defendant and Plaintiffs have had a bona fide dispute regarding, inter alia, wages owed. claims for wages, premium and other forms of pay, unpaid/unreimbursed costs, penalties (including waiting time penalties and wage statement penalties), general damages, compensatory damages, liquidated damages, punitive damages, interest, attorneys’ fees, litigation and other costs, expenses, restitution, equitable relief, declaratory relief, claims under any provision of the FLSA, the California Labor Code, California Industrial Welfare Commission Wage Orders, city or county Living Wage Ordinances, state or federal discrimination statutes, the California Government Code, the Xxxxx Civil Rights Act, California Civil Code, the California Constitution, the California Business and Professions Code (including but not limited to §§ 17200, et seq.), the United States Constitution, the Uniformed Services Employment and Reemployment Rights Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000, et seq., the Family and Medical Leave Act (to the extent not prohibited by law), the Americans with Disabilities Act, 42 U.S.C. § 1210l, et seq., the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001, et seq., and all of their implementing regulations and interpretive guidelines (the “Class Representatives’ Released Claims”). Plaintiffs expressly waive and relinquish all rights and benefits afforded by Section 1542 of the Civil Code of the State of California and any other similar provision of applicable law, and do so understanding and ...
