Participating Class Members. The Administrator will send, by U.S. mail, a single check to every Participating Class Member (i.e., every Class Member who doesn’t opt-out) including those who also qualify as Aggrieved Employees. The single check will combine the Individual Class Payment and the Individual PAGA Payment.
Participating Class Members. All Class Members who do not submit a valid and timely request to exclude themselves from this Settlement.
Participating Class Members. All Class Members who do not submit a valid and timely request to exclude themselves from the class action Settlement.
Participating Class Members. All Class Members who do not submit a valid and timely request to exclude themselves from the Settlement. Participating Class Members will release all of the Released Claims and will be bound by all terms of the Settlement and any final judgment entered in this Action.
Participating Class Members. As of the date the Judgment becomes Final, Plaintiffs and the Participating Class Members shall release all Released Class Claims that occurred during the Release Period as to the Released Parties. Released Class Claims are defined as are defined as all claims alleged in the operative complaints in the Action, or that could have been alleged arising out of or reasonably related to the facts in the operative complaints in the Action or any amendments thereto. This includes all claims for (1) unpaid wages; (2) unpaid overtime wages; (3) failure to provide meal periods and claims regarding meal period premium pay; (4) failure to provide rest periods and claims regarding rest period premium pay; (5) failure to reimburse expenses; (6) failure to provide accurate wage statements; (7) failure to timely pay wages upon termination and during employment; (8) claims for civil penalties under PAGA arising from the facts alleged in the operative complaints; and (9) claims for unfair competition arising from the facts alleged in the operative complaints. The release will exclude claims for vested benefits, wrongful termination (apart from that of Plaintiffs who will execute a general release of claims under Civil Code § 1542), unemployment insurance, disability, workers’ compensation, and claims outside of the Release Period. For exempt employees in the Class, the release will exclude claims for: (1) unpaid wages; (2) unpaid overtime wages; (3) failure to provide meal periods and claims regarding meal period premium pay; (4) failure to provide rest periods and claims regarding rest period premium pay; (5) failure to timely pay wages upon termination and during employment; (6) claims for civil penalties under PAGA arising from claims (1)-(5); and (7) claims for unfair competition arising from claims (1)-(5). Plaintiffs and every Participating Class Member shall be deemed to have acknowledged and agreed that their Claims for wages and/or penalties in this Action are disputed, and that every Participating Class Member’s Settlement Share constitutes payment of all sums allegedly due him or her from Defendant. Plaintiffs and every Participating Class Member shall be deemed to have acknowledged and agreed that California Labor Code §206.5 is not applicable to the Parties. That section provides in pertinent part as follows: No employer shall require the execution of any release of any claim or right on account of wages due, or to become due, or made as an advance on wages to b...
Participating Class Members. “Participating Class Members” means those Class Members who do not submit a valid Opt out Statement.
Participating Class Members. “Participating Class Members” means a Class Member or the authorized legal representative of such Class Member who timely submits a Claim Form.
Participating Class Members. As of the Effective Date and upon full funding, the Participating Class Members shall and do release the Released Parties of any and all claims, liabilities, rights, demands, suits, matters, obligations, liens, damages, losses, costs, expenses, debts, actions, and causes of action, of every kind and/or nature whatsoever, which any Participating Class Member now has or at any time ever had against any of the Released Parties that is alleged in the operative Complaint or that could have been alleged based on the facts alleged in the operative Complaint, including: (a) meal period penalties allegedly owed to the Participating Class Members by Defendant during the Class Period; (b) rest period penalties allegedly owed to the Participating Class Members by Defendant during the Class Period; (c) violation or alleged violation of California Labor Code Sections 201, 202, 203, 226, 226.7, 512, and 2802 and/or any California Industrial Commission Wage Order or other statute or regulation regarding meal and rest periods; (d) attorneys’ fees due or allegedly due under California Labor Code or any other statute, regulation, or contractual provision providing for such fees in connection with the operative Complaint; and (e) penalties or other payments which are based on any of the foregoing, including penalties, premiums, or payments under California Labor Code Sections 201, 202, 203, 226, 226.7, 512, and 2802 and/or any violation of the California Industrial Commission Wage Order alleged in the operative Complaint (“Released Class Claims”). Without in any way limiting the foregoing, the Released Class Claims shall include all claims, liabilities, rights, demands, suits, matters, obligations, liens, damages, losses, costs, expenses, debts, actions, and causes of action under statutes and regulations set forth in this Section G.1., whether enforced directly or pursuant to California Labor Code Section 2699, California Business and Professions Code Section 17200, et seq., or any other mechanism. The Released Class Claims do not include claims for vested benefits, wrongful termination, unemployment insurance, disability, social security, workers’ compensation, and claims outside of the Class Period.
Participating Class Members. The Administrator will send, via first-class United States Postal Service (“USPS”) mail, postage prepaid, a single check to every Participating Class Member, including those who also qualify as Aggrieved Employees. The single check will combine the Individual Class Payment and the Individual PAGA Payment.
Participating Class Members. Upon Defendant’s fulfillment of its payment obligations under Section III(K)(9)(a), Class Members who do not submit a timely and valid request for exclusion hereby waive, release, promise never to assert in any forum, remise, and forever discharge the Released Parties from the Released Claims for the time frame from April 26, 2017, through the earlier of the date of Preliminary Approval or June 16, 2022.
