PAGA Release. As of the Effective Final Settlement Date, the LWDA and each Eligible Aggrieved Employee, including Plaintiff, individually and on behalf of their heirs, executors, administrators, representatives, attorneys, successors and assigns hereby voluntarily and knowingly is barred from bringing for the PAGA Released Claims during the PAGA Period. The release of the PAGA Released Claims is effective, regardless of whether the Eligible Aggrieved Employee submits a timely and valid request for exclusion.
PAGA Release. The phrase “
PAGA Release. As of the Effective Final Settlement Date, the LWDA and each Eligible Aggrieved Employee, including Plaintiffs, individually and on behalf of their heirs, executors, administrators, representatives, attorneys, successors and assigns are hereby voluntarily and knowingly barred from bringing any action for the PAGA Released Claims during the PAGA Period. The release of the PAGA Released Claims is effective regardless of whether the Eligible Aggrieved Employee submits a timely and valid request for exclusion. The release does not include claims that as a matter of law cannot be released and does not include claims for retaliation, discrimination, wrongful termination, and individual claims for the recovery of workers’ compensation benefits.
PAGA Release. PAGA Employees, including Plaintiff (and including those who opt-out from the Class portion of the Settlement), will release and forever discharge the Released Parties from all claims, demands, rights, liabilities and causes of action for civil penalties under California Labor Code Private Attorneys General Act of 2004 which were pled, asserted and/or described in the letters to the Labor & Workforce Development Agency (“LWDA”) dated February 17, 2021 and September 12, 2022 and the operative Second Amended Complaint in the Action, or which could have been pled in the operative Second Amended Complaint in the Action based on the factual allegations pled therein that arose during the PAGA Period (collectively, “PAGA Released Claims”). These PAGA Released Claims include, but are not limited to, all civil penalties and attorney fees and costs recoverable under 2698, et. seq., (PAGA) based on allegations of violations under Labor Code §§ 201-204, 226, 226.7, 510, 512, 558, 1174, 1194, 1197, 1197.1, 1198, 2802, based on the facts as alleged in the Second Amended Complaint and Plaintiffs’ notices submitted to the LWDA that accrued at any time during the PAGA Period. The PAGA Period and the time period of the PAGA Released Claims is defined as the time period of February 17, 2020 through September 27, 2020 (“PAGA Period”).
PAGA Release. All Aggrieved employees, including any Non-Participating Class Members who is an Aggrieved Employee 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 in the Operative Complaint, or reasonably could have been alleged in the Operative Complaint, or that reasonably arise from or reasonably relate to the facts and claims alleged in the Operative Complaint based on the PAGA Period facts, the PAGA Notice, and as ascertained in the course of the Action (the Released PAGA Claims).
PAGA Release. “PAGA Claims” means, subject to Court approval, the following release: each Aggrieved Employee, individually and on behalf of their heirs, estates, trustees, executors, administrators, representatives, agents, successors, assigns, and any one claiming through him, her, or them, or acting or purporting to act on his, her or their behalf, and the State of California agrees to forever release, discharge hold harmless and covenant not to sue each and all of the Released Parties from any and all claims, debts, liabilities, demands, obligations, penalties, premium pay, guarantees, costs, expenses, attorney’s fees, damages, actions or causes of action of whatever kind or nature, whether know or unknown, contingent or accrued for PAGA civil penalties which arose during the PAGA Period that were alleged or could have been alleged in the Action based on the facts or claims alleged in the Action or in Plaintiffs’ letters to the LWDA. Without limiting the foregoing, and in addition to the foregoing, the PAGA released claims include claims for civil penalties based on any alleged failure to pay all business expense reimbursement, wages due (including minimum wage and overtime wages), failure to pay for all hours worked (including off the clock and regular rate violations), failure to provide meal and rest breaks, short/late meal and rest periods, failure to relieve of all duties during meal and rest periods, failure to timely pay wages and final wages and waiting time penalties, failure to furnish accurate wage statements, including claims derivative and/or related to these claims, up to and including the date of preliminary approval by the Court. This Release shall include all claims and theories arising under applicable regulations Labor Code and Wage Orders.
PAGA Release. As of the Settlement Effective Date and upon funding in full of the Gross Settlement Amount by Defendant, all PAGA Employees shall release all Released PAGA Claims, irrespective of whether they opted-out of the class settlement, and will be bound by this PAGA Release.
PAGA Release. In consideration for the promises and payments provided for in this PAGA/Class Agreement, Bankwitz, Jacobo, all PAGA Members, and the State of California shall be deemed to have fully, finally, and forever waived, released, relinquished, and discharged Ecolab and the Released Parties from any and all PAGA claims that were asserted or could have been asserted in any LWDA Notice, pleading, or complaint filed in connection with the Bankwitz Action asserting claims for penalties under the PAGA, up until and including the date of Final Approval.
PAGA Release. PAGA Employees, including Plaintiffs, will release and forever discharge all claims, demands, rights, liabilities and causes of action for penalties under California Labor Code Private Attorneys General Act of 2004 against the Released Parties based on (as alleged in the letter to the Labor & Workforce Development Agency (“LWDA”) May 23, 2019 and any supplement(s) thereto) and the operative Complaint (which is the proposed Fourth Amended Complaint attached hereto as Exhibit A) for: (a) failure to pay all overtime wages owed; (b) failure to pay all minimum wages owed; (c) failure to pay all overtime wages owed ; (c) failure to provide meal periods, or premium pay for non-compliant meal periods; (d) failure to authorize and permit rest periods, or premium pay for non- complaint rest periods; (e) failure to provide accurate, itemized wage statements; and (f) failure to timely pay wages upon separation of employment (collectively, “PAGA Released Claims”). The PAGA Period and the time period of the PAGA Released Claims is defined as the time period of May 23, 2018 through date of preliminary approval of the Settlement (“PAGA Period”).
PAGA Release. Upon Defendant’s funding of the Gross Settlement Fund, the named Plaintiff acting as agent and proxy of the LWDA is releasing, waiving, and fully extinguishing the claims of the LWDA predicated on the claims alleged in Plaintiff’s PAGA letters and/or Complaint, and arising during the PAGA Covered Period (the “PAGA Claims”). The foregoing release shall be binding on Plaintiff and the State of California, and shall bar by res judicata any claim under PAGA brought by any person, including the PAGA Employees, on behalf of the State of California, as to any civil penalty claims predicted on the PAGA Claims
