PAGA Released Claims. PAGA Released Claims means all allegations and claims for civil penalties pursuant to PAGA based on any and all underlying Labor Code violations alleged in the Complaints or in the PAGA Notice that arose during the PAGA Period, which includes alleged violations of California Labor Code sections 201, 202, 203, 204, 218.5, 221, 226, 226.3, 226.7, 510, 512, 558, 1174(d), 1194, 1197, 1197.1, 1198 and 2802.
PAGA Released Claims. PAGA Released Claims means any and all allegations and claims for civil penalties pursuant to PAGA based on any and all Labor Code violations alleged in the Complaints or that could have been alleged in the Complaints or in the PAGA Notice or that could have arisen during the PAGA Period, which includes, inter alia, alleged violations of California Labor Code sections 201, 202, 203, 204, 218.5, 221, 226, 226.3, 226.7, 246(1), 510, 512, 558, 1174(d), 1182.12, 1194, 1197, 1197.1, 1198, and 2802. The period of the PAGA release extends to the limits of the PAGA period.
PAGA Released Claims. Upon Defendant’s fulfillment of its payment obligations pursuant to Section III (J)(9)(a) of this Agreement, in exchange for the consideration provided by this Agreement, Plaintiffs, the LWDA, and any other representative, proxy, or agent thereof, including, but not limited to, the Eligible Aggrieved Employees, shall release the Released Parties from all claims made or which could have been made for civil penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”), Labor Code section 2698, et seq., based on the facts pled in Plaintiffs’ letter to the LWDA dated October 26, 2022, and the Action, from October 26, 2021, through January 31, 2023 including the claims: (1) Failure to Pay Overtime Wages (Labor Code §§ 510 and 1198); (2) Failure to Provide Timely Off-Duty Meal Periods or Compensation in Lieu Thereof (Labor Code §§ 226.7 and 512(a)); (3) Failure to Provide Timely, Off-Duty Rest Periods or Compensation in Lieu Thereof (Labor Code § 226.7); (4) Failure to Pay Minimum Wages (Labor Code §§ 1194 and 1197); (5) Failure to Timely Pay All Wages Due at Separation (Labor Code §§ 201 and 202); (6) Failure to Provide Accurate Itemized Wage Statements (Labor Code § 226(a)); (7) Failure to properly calculate and pay sick leave by using the regular rate of pay or otherwise (Labor Code section 246); (8) Failure to Reimburse for Reasonable Business Expenses (Labor Code §§ 2800 and 2802); (9) Violation of Unfair Competition Law (Business & Professions Code § 17200, et seq.); and (10) Violation of Labor Code §§ 2698 et seq.
PAGA Released Claims. The claims that Plaintiffs and other PAGA Employees are releasing in exchange for the PAGA Payment provided for by this Agreement include all claims, liabilities, demands, causes of action, rights, penalties, and obligations of any nature under the California Private Attorneys General Act of 2004 (Cal. Labor Code §§ 2698 et seq.). Without limiting the generality of the foregoing, PAGA Released Claims include all claims that are or reasonably could have been asserted in the
PAGA Released Claims. As of the Effective Final Settlement Date, in exchange for the consideration provided by this Agreement, Plaintiff, LWDA, and any other representative, proxy, or agent thereof, including, but not limited to, any and all Eligible Aggrieved Employees, shall release the Released Parties from any claims for and are barred from pursuing any action against the Released Parties for civil penalties under Labor Code section 2698, et seq. (PAGA) arising at any time during the PAGA Period and based on or arising out of alleged violations of Labor Code sections alleged in Plaintiff’s letter to the LWDA and the Action.
PAGA Released Claims. Upon final approval by the Court and upon funding of the Gross Settlement Amount, the claims released by Plaintiff, as an agent and proxy of the LWDA, in exchange for the consideration provided by this Agreement, will include:
PAGA Released Claims. If the Court approves the proposed Settlement and after Defendant fully funds the Gross Settlement Amount, in exchange for your portion of the PAGA Payment, Plaintiff (alongside the LWDA) will be barred from seeking the PAGA Released Claims as agent and proxy of the LWDA against Defendant and the other Released Parties. The PAGA Released Claims are the claims contained in Plaintiff’s letter to the LWDA, or that could have been included in Plaintiff’s letter or in Plaintiff’s complaint based on the same facts, that arose between January 20, 2022, and December 31, 2022, related to unpaid wages, including minimum, overtime, and premium wages; paying employees all wages due to them in a timely manner, both during and upon termination of employment; missed, interrupted, short, and late meal and rest breaks; providing employees with complete and accurate wage statements; reimbursing employees for all necessary business-related costs and expenses; keeping complete and accurate payroll records; and properly calculating and paying sick leave pay. Different from the Released Claims, the PAGA Released Claims all arise under the Labor Code Private Attorneys General Act of 2004 (“PAGA”). The full list of the Released Parties and the exact definitions of Released Claims and PAGA Released Claims can be reviewed at: [URL of Settlement Website].
PAGA Released Claims. Aggrieved Employees will release all claims stated in or based upon the facts alleged in the Complaint, the First Amended Complaint, the Second Amended Complaint, the Third Amended Complaint, and the Fourth Amended Complaint, under PAGA from April 29, 2019 through the date of preliminary court approval of the settlement.
PAGA Released Claims. 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 purports to submit a timely and valid request for exclusion.
PAGA Released Claims. The PAGA Released Claims means any and all claims, debts, liabilities, demands, actions, or causes of action for civil penalties, interest, and attorneys’ fees and costs that are based on, relate to, concern, or arise out of any of the allegations that were asserted or which could have been alleged in the Complaint against the Released Parties based on the factual allegations pleaded in the Complaint and Plaintiff’s letter sent to the LWDA on November 2, 2020, whether or not specifically delineated as a claim or cause of action in the Complaint. The period of the PAGA Released Claims shall coincide with and extend to the limits of the PAGA Period. Eligible PAGA Employees will still be bound by the PAGA Released Claims even if they submit valid and timely Exclusion Forms.
