PAGA Released Claims Sample Clauses

PAGA Released Claims. Upon the Court’s approval of the Settlement, and upon payment of all funds due under the terms of the Settlement, all Aggrieved Employees (including Plaintiff), on behalf of themselves, and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, and the State of California shall be deemed to have fully, finally, and forever released, relinquished, and discharged each and all of the Released Parties from any and all claims, demands, rights, liabilities, and/or causes of action for penalties under PAGA that accrued during the PAGA Period and that were asserted in Plaintiff’s PAGA Notice or the Operative Complaint as well as those that could have been alleged in the Operative Complaint or PAGA Notice based on the facts contained therein, including, without limitation, Labor Code sections 201, 202, 203, 204, 210, 218.5, 218.6, 226, 226.3, 226.7, 510, 512, 558, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 2699, et seq., 2802, California Business and Professions Code sections 17200, et seq., California Code of Civil Procedure § 1021.5 and the applicable Industrial Welfare Commission Orders. Plaintiff and the Aggrieved Employees shall be deemed to have acknowledged and agreed that their claims in this Action are disputed, and that the payments to them set forth in this Agreement constitute payment of all sums allegedly due to them arising from the claims asserted in, or those that could have been alleged in, Plaintiff’s PAGA Notice or the Operative Complaint. Nothing in this Agreement is intended to or shall preclude Plaintiff and Aggrieved Employees from filing a complaint and/or charge with any appropriate federal, state, or local government agency and/or cooperating with said agency in its investigation. Plaintiff and Aggrieved Employees retain the right to file a charge with, and to participate in an investigation conducted by, any appropriate government agency charged with enforcement of any law and the right to engage in concerted activity granted by Section 7 of the National Labor Relations Act.

PAGA Released Claims. PAGA Released Claims means all allegations and claims for civil penalties pursuant to PAGA based on any and all underlying claims asserted in the LWDA pre-filing notice dated September 27, 2022 arising during the PAGA Period.

PAGA Released Claims. As of the Effective Date and upon fulfillment of exchange for payment of the PAGA Payment, Plaintiff, State of California, and Eligible Aggrieved Employees will forever be barred from seeking civil penalties against the Released Parties for any and all Labor Code violations L G H Q W L I L H G CSompOlainHt andD/or GletterHto G R the LWDA, including but not limited to, claims for: (1) unpaid overtime; (2) unpaid meal and rest break premiums; (3) unpaid minimum wages; (4) penalties for non-compliant wage statements and failure to pay final wages in a timely manner; (5) unreimbursed business expenses; (6) penalties under PAGA; and/or

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. 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. 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 operative complaint or in the PAGA Notice that arose 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. The Eligible Aggrieved Employees will release all claims for penalties that were brought or could have been brought based on the facts alleged in Plaintiff’s PAGA Notice. The period of the PAGA Release shall extend to the limits of the PAGA Period.

PAGA Released Claims. Upon Defendants’ fulfillment of its payment obligations pursuant to Section III (J)(9)(a) below, the claims that Plaintiff and the other Eligible Aggrieved Employees are releasing in exchange for the consideration provided for by this Agreement are all PAGA claims alleged in the operative complaint, all claims alleged in the PAGA notice, as well as all claims that could have been pled arising out of the same operative facts of the complaint and PAGA notice, including, but not limited to for PAGA penalties premised on violations of Labor Code §§ 201-203, 226, 226.7, and 512.

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”).