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, 2800, 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. 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, Plaintiff, the 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 the California Labor Code Private Attorneys General Act of 2004 (“PAGA”), Labor Code section 2698, et seq., arising at any time during the PAGA Period and based on or arising out of alleged violations of Labor Code sections 201, 202, 203, 204, 210, 222.5, 226(a), 226.7, 510, 512, 516, 551, 552, 558, 1174, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 2698, 2699, 2699.3, 2699.5, 2802, 6401, and 6403 as alleged in Plaintiff’s letter to the LWDA and/or the Actions.
PAGA Released Claims. If finally approved by the court, all Aggrieved Employees who worked during the PAGA Period, whether or not they opt out of the Settlement, will release all their PAGA claims that have been pled or could have been pled based on the factual allegations contained in the Second Amended Complaint and PAGA letter sent by Plaintiff that occurred during the PAGA Period including, without limitation, violations of Labor Code §§ 201-203, 226(a) and (e), 226.2, 226.7, 1194, 510, 2802, 2699 et seq., IWC Wage Order No. 4- 2001 §§ 3, 4, 12, and Business & Professions Code §§ 17200, et seq.
PAGA Released Claims. After the Court’s judgment is final, and Defendants have paid the Gross Settlement (and separately paid the employer-side payroll taxes), Plaintiff, the LWDA, and the State of California, will be barred from asserting PAGA claims against Defendants and Anheuser-Xxxxx Wholesaler Development Corp. The PAGA Released Claims are as follows: Plaintiff, the LWDA, and the State of California release Defendants and Released Parties of and from any and all claims for civil penalties for violation of PAGA (“PAGA Claims”) that could have been sought by the Labor Commissioner identified in the PAGA letter and those predicated on the facts and/or claims alleged in the PAGA letter sent to the LWDA by Plaintiff that arose at any time during the PAGA Period. In light of the binding nature of a PAGA judgment on non-party employees pursuant to Xxxxx v. Superior Ct. (Dairy), 46 Cal.4th 969 (2009), PAGA Employees employed by Defendants and/or Anheuser-Xxxxx Wholesaler Development Corp. on or after November 3, 2017, who exclude themselves from the Class Settlement shall still receive a PAGA Employee Payment directly from the Administrator for the amount of each such individual’s estimated share of the PAGA Settlement Amount as calculated by the Administrator. PAGA Employees will not have the opportunity to opt out of, or object to, the PAGA Released Claims. After the Court grants final approval of the Settlement, Plaintiff will provide the LWDA with a copy of the Judgment, which will include a list of the PAGA Employees during the PAGA Period.
PAGA Released Claims. As of the Effective Final Settlement Date and upon fulfillment of the payment obligations under Section III(H)(2) of this Agreement, the claims that Plaintiff, the other Eligible Aggrieved Employees, and LWDA are releasing in exchange for the consideration provided for by this Agreement are defined as any and all causes of action for civil penalties pursuant to PAGA that were alleged or which could have been alleged in the Action based on the facts and allegations pleaded in the First Amended Complaint in the Action and/or the LWDA notice letter. This includes all claims for civil penalties based upon or arising out of Defendants’ alleged: (1) failure to pay minimum wage; (2) failure to pay overtime wages; (3) failure to provide meal breaks; (4) failure to provide rest breaks; (5) failure to pay meal period premium wages; (6) failure to pay rest period premium wages; (7) failure to provide accurate wage statements; (8) failure to timely pay final wages during employment and at separation; (9) failure to maintain accurate payroll records;
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. 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. In consideration for the payments awarded pursuant to the terms of this Settlement, Plaintiff, in his capacity as a private attorney general and “aggrieved employee” acting on behalf of himself, the State of California, and the Aggrieved Employees, agrees that upon entry of an Order approving the Settlement, Plaintiff and the Aggrieved Employees, shall release Defendant from any and all PAGA Released Claims that arose during the PAGA Period. Upon entry of the Order approving the Settlement and judgment entered thereon, Plaintiff, and the Aggrieved Employees will be forever barred from pursuing any and all of the PAGA Released Claims that arose during the PAGA Period against Defendant. Aggrieved Employees are not releasing any individual Labor Code claims they may have.
