Common use of Participating Class Members’ Release Clause in Contracts

Participating Class Members’ Release. After the Judgment is final and ABR has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue or be part of any other lawsuit against ABR or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g., failure to pay all straight time wages, failure to pay all overtime wages, failure to provide meal periods, failure to authorize and permit rest periods, failure to adopt a compliant sick pay policy, failure to comply with itemized employee wage statement provisions, failure to pay all wages due at the time of termination, failure to reimburse/illegal deductions, and violation of the Unfair Competition Law. This release will be for the Class Period. Except as set forth in Section 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

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Participating Class Members’ Release. After the Judgment is final and ABR Freedom has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Freedom or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g.without limitation, claims for: (1) failure to pay all straight time minimum wages, ; (2) failure to pay all overtime wages, ; (3) meal period violations; (4) rest break violations; (5) untimely payment of wages; (6) wage statement violations; (7) failure to provide meal periods, paid sick leave; (8) waiting time penalties; (9) failure to authorize reimburse business expenses; and permit rest periods, failure to adopt a compliant sick pay policy, failure to comply with itemized employee wage statement provisions, failure to pay all wages due at the time (10) violations of termination, failure to reimburse/illegal deductions, and violation of the Unfair Competition Lawunfair competition law. This release will be for the Class Period. Except as set forth in Section 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR AHF has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR AHF or related entities for wages based on the Class Period facts and for PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g., : (a) any and all claims involving any alleged failure to pay for all straight time wages, hours worked; (b) any and all claims involving failure to pay minimum wage; (c) any and all overtime wages, claims for failure to reimburse for required business expenses; (d) any and all claims involving any alleged failure to properly provide meal periods, failure to periods and/or authorize and permit rest periods, to pay premiums for missed, late, short or interrupted meal and/or rest periods, or to pay such premiums; (e) any and all claims involving any alleged failure to adopt a compliant sick pay policy, failure keep accurate records or to comply with itemized employee issue proper wage statement provisions, failure statements to pay employees; (f) any claim for waiting time penalties under Labor Code section 203; and (g) any and all wages due at the time of termination, failure to reimburse/illegal deductions, and claims for unfair business practices in violation of Business and Professions Code sections 17200, et seq; and (h) any and all claims under PAGA for civil penalties premised on the Unfair Competition Law. This release will be for the Class Periodfacts alleged in Plaintiff’s operative complaint. Except as set forth in Section 5.3 6.1 and 6.3 of the Settlement this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Amended Class Action and Paga Settlement Agreement

Participating Class Members’ Release. After the Judgment is final and ABR QNAP has fully funded the Gross Settlement (and separately paid all employer payroll taxes), ,Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR QNAP or related entities for wages or penalties based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g.any and all claims involving any alleged failure to pay minimum wage, failure to pay all straight time wagesovertime, failure to pay all overtime wages, failure to provide furnish meal periods, failure to authorize and permit furnish rest periods, failure to adopt a compliant sick pay policy, failure to comply with furnish accurate itemized employee wage statement provisionsstatements, failure to pay all wages due at the time of termination, failure to reimburse/illegal deductions, and violation of the Unfair Competition Law. This release will be for the Class Periodunfair business practices. Except as set forth in Section 5.3 6.3 of the Settlement this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR MASI has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR MASI or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g.without limitation, any and all claims involving any alleged failure to provide compliant rest Periods, failure to pay minimum wage for all straight time wageshours worked, failure to pay all overtime overtime, unpaid sick time wages, failure to provide meal periodswaiting time penalties, failure to authorize and permit rest periods, failure to adopt a compliant sick pay policy, failure to comply with itemized employee wage statement provisions, failure to pay all wages due at the time of termination, failure to reimburse/illegal deductions, and violation of the Unfair Competition Law. This release will be for the Class Period. penalties etc.. Except as set forth in Section 5.3 6.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR Skyler Electric Co., Inc. has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Xxxxxx or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g., including any and all claims involving any alleged failure to (a) pay all straight time overtime and wages, failure to pay all overtime wages(b) reimburse business expenses, failure to (c) provide proper meal periods, failure to authorize and permit rest periods, failure to adopt a compliant sick pay policy, failure to comply with itemized employee wage statement provisions, failure to (d) pay all wages due at the time of upon termination, failure to reimburse/illegal deductions, and violation of the Unfair Competition Law. This release will be for the Class Period(e) engage in unfair business practices. Except as set forth in Section 5.3 6.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you xou cannot sue, continue xxntinue to sue sue, or be part of any other lawsuit against ABR Defendant or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been allegedalleged in the Complaints filed in the Actions under any state law, federal law, common law, equity or other theory based on the Class Period facts stated alleged in the Operative Complaint and ascertained operative complaint filed in the course Action regarding the provision (or alleged non–provision) of rest breaks, meal breaks, overtime, minimum wage, waiting time penalties, and/or wage statements provided to those class members (or the content or lack of content of any wage statements received), including all claims, rights, demands, liabilities, causes of action, and theories of liability of every nature and description, whether known or unknown, that were alleged against Defendant and/or any of the Action includingReleased Parties, e.g.or which could have been alleged based on the facts pled against them in the the Complaints in the Actions. These claims include claims for failure to provide and/or maintain copies of accurate itemized wage statements, failure to provide timely and uninterrupted meal and rest breaks or premium pay in lieu thereof, failure to pay all straight time wagesovertime, failure to pay all overtime wagesminimum wage (and liquidated damages predicated thereupon), failure to provide meal periods, failure to authorize and permit rest periods, failure to adopt a compliant sick pay policy, failure to comply with itemized employee wage statement provisionsproperly calculate the regular rate of pay, failure to pay minimum wage or overtime as applicable for all hours worked including but not limited to unpaid wages due at the to inaccurate time rounding or use of terminationan “auto-deduct” feature for meal periods, on-all call compensation, and any and all off-the-clock work, failure to reimburse/illegal deductionstimely pay wages upon separation from employment, unfair competition, and/or for penalties (regardless of the recipient), claims arising under California Labor Code sections 201-203, 204, 216, 218.5, 221-223, 224, 225.5, 226,226.2, 226.6, 226.7, 226.8, 256, 510, 512, 558, 558.1, 1174, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 2751, and violation 2810.5, damages, interest, costs or attorneys’ fees, and violations of applicable local, state or federal law, whether for economic damages, non- economic damages, liquidated, or punitive damages, restitution, tort, contract, equitable relief, injunctive or declaratory relief, that occurred during the Unfair Competition Lawapplicable Class Period and based on the facts alleged in the Complaints in the Action, including claims under any common laws, the California Business & Professions Code Sections 17200 et seq. This release will be for (“UCL”), including claims asserted under the Class PeriodUCL predicated on violations of any state and/or federal law alleged in the Complaint and/or Amended Complaints in the Action, including the Cal. Code of Regulations, Title 8, Sections 11000, et seq., any applicable Wage Order, and the California Labor Code. Except as set forth in Section 5.3 6.3 of the Settlement this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' workers’ compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR Elite has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Defendants or related entities for wages or penalties based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g., any and all claims involving any alleged failure to pay for all straight time wageshours worked, failure to pay minimum wage, failure to pay overtime, failure to pay the appropriate overtime rate, failure to pay all overtime wageswages upon termination, failure to reimburse business expenses, failure to provide meal periods, failure to authorize provide rest breaks, and permit rest periods, failure to adopt a compliant sick pay policy, failure to comply with provide accurate itemized employee wage statement provisions, failure to pay all wages due at the time of termination, failure to reimburse/illegal deductions, and violation of the Unfair Competition Law. This release will be for the Class Periodstatements. Except as set forth in Section Paragraph 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR TKC has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR TKC or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g., (a) failure to pay all straight time wages, minimum wages and liquidated damages; (b) failure to pay all overtime wages, ; (c) failure to provide meal periods, periods or compensation in lieu thereof; (d) failure to authorize and permit provide rest periods, periods or compensation in lieu thereof; (e) failure to adopt a compliant sick pay policy, furnish accurate itemized wage statements; (f) failure to comply with itemized employee wage statement provisions, failure to timely pay all wages due at the time upon separation of termination, employment; and (g) failure to reimburse/illegal deductions, and violation of the Unfair Competition Law. This release will be for the Class Periodreimburse business expenses. Except as set forth in Section 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR the Company has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR the Company or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action Action, including, e.g.any and all claims involving any alleged failure to pay minimum wage, failure to pay all straight time wages, failure to pay all overtime wageswage, failure to provide meal periods, failure to authorize and permit provide rest periods, failure to adopt a compliant sick timely pay policyearned wages during employment, failure to comply with itemized employee provide complete and accurate wage statement provisionsstatements, failure to pay all earned wages and final paychecks due at the time of termination, failure to reimburse/illegal deductions, and violation separation of the Unfair Competition Law. This release will be for the Class Periodemployment. Except as set forth in Section 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR Ambitions has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Ambitions or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf release Ambitions and each of themselves and their respective its former and present representativesdirectors, agentsofficers, shareholders, owners, attorneys, heirsinsurers, administratorspredecessors, successors and successors, assigns, release and affiliates (“Released Parties Parties”) from the following claims: DocuSign Envelope ID: AC9F757F-60E8-4E69-A505-9939CD2B121B [A]ny and all claims, damages, or causes of action alleged in, or arising out of, the allegations in the Consolidated Complaint (ias defined below) all claims in the Action that arose during the Class Period and which were alleged, or reasonably could have been alleged, by Plaintiffs based on any of the Class Period facts stated factual allegations contained in the Operative Consolidated Complaint and ascertained in the course of the Action Action, including, e.g.but not limited to, failure claims under state, federal (i.e., Fair Labor Standards Act (“FLSA”)) or local law including, but not limited to claims for unpaid minimum and overtime wages (including, inter alia, in connection with off-the-clock work and improper rounding of time), claims related to non-compliant meal and rest breaks or periods and nonpayment of premium pay all straight time wages, failure to pay all overtime wages, failure to provide meal periods, failure to authorize and permit rest periods, failure to adopt a compliant sick pay policyfor such, failure to comply with itemized employee wage statement provisions, failure to pay all wages due at the separation and associated waiting time of terminationpenalties, failure to reimburse/illegal deductionstimely pay wages during employment, failure to maintain compliant time and payroll records, the failure to reimburse for business expenses, and violation unfair or unlawful business practices pursuant to California Business and Professions Code § 17200, et seq. based on the aforementioned. The Released Class Claims specifically include, but are not limited to, all claims arising under California Labor Code sections 201, 202, 203, 204, 210, 218.5, 226, 226.7, 510, 512, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 2800 and 2802, California Industrial Welfare Commission Wage Order 5-2001, California Business and Profession Code sections 17200, et seq., California Code of the Unfair Competition Law. This release will be for the Class Period. Except as set forth in Section 5.3 Civil Procedure section 1021.5, and California common law of the Settlement Agreementcontract, Participating Class Members do not release any other claims, including interest and claims for vested benefits, wrongful termination, violation of attorney’s fees relating in any way to those claims alleged and mentioned in the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside Operative Complaint in the Class PeriodAction.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR Serendib has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Serendib or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g.claims for failure to pay minimum wage, failure to pay all straight time wages, failure to pay all overtime wages, failure to provide meal periods, failure to authorize and permit rest periodsbreaks, failure to adopt a compliant sick pay policy, failure to comply with provide accurate itemized employee wage statement provisionsstatements, failure to pay all wages due at the time upon separation of termination, failure to reimburse/illegal deductions, and violation of the Unfair Competition Law. This release will be for the Class Periodemployment. Except as set forth in Section 5.3 6.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR TravelStore has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR TravelStore or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action includingAction, e.g., including any and all claims for: (1) failure to pay all minimum and straight time wages, ; (2) failure to pay all overtime wages, ; (3) failure to provide meal periods, ; (4) failure to authorize and permit rest periods, ; (5) failure to adopt a compliant sick timely pay policy, final wages at termination; (6) failure to comply with provide accurate itemized employee wage statement provisions, failure to pay all wages due at the time of termination, failure to reimburse/illegal deductions, and statements; (7) violation of the California’s Unfair Competition Law. This release will be for the Class Period, California Business and Professions Code §§ 17200, et seq. Except as set forth in Section 5.3 6.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR Standard has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Defendant or related entities for wages or penalties based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g., any and all claims involving any alleged failure to pay all straight time wagesovertime, failure to pay the appropriate overtime rate, failure to pay all overtime wageswages upon termination, failure to reimburse business expenses, failure to provide meal periods, failure to authorize provide rest breaks, and permit rest periods, failure to adopt a compliant sick pay policy, failure to comply with provide accurate itemized employee wage statement provisions, failure to pay all wages due at the time of termination, failure to reimburse/illegal deductions, and violation of the Unfair Competition Law. This release will be for the Class Periodstatements. Except as set forth in Section Paragraph 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR Honeybee has fully funded the Gross Settlement (Settlement, and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Honeybee or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g., any and all claims involving any alleged failure to pay all straight time minimum wages, failure to pay all overtime wages, failure wages due upon termination, reimbursable expenses, sick days, and failing to provide meal periods, rest breaks, accurate itemized wage statements, and failure to authorize and permit rest periods, failure to adopt provide wages on a compliant sick pay policy, failure to comply with itemized employee wage statement provisions, failure to pay all wages due at the time of termination, failure to reimburse/illegal deductions, and violation of the Unfair Competition Law. This release will be for the Class Periodtimely basis. Except as set forth in Section 5.3 6.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Defendant or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g., failure to pay including any and all straight time wages, failure to pay all overtime wages, failure to provide meal periods, failure to authorize and permit rest periods, failure to adopt a compliant sick pay policy, failure to comply with itemized employee wage statement provisions, failure claims involving any allegations that Defendant: failed to pay all wages due (including minimum wages, regular wages, sick pay, vacation, paid time off and overtime wages); failed to provide legally-compliant meal and rest breaks and failed to pay premium pay for missed, late, interrupted or short meal and rest breaks; failed to timely pay all earned wages and compensation; failed to provide timely final pay; failed to provide accurate itemized wage statements; failed to reimburse for necessary business expenses; and engaged in unfair business practices due to the underlying violations at the any time of termination, failure to reimburse/illegal deductions, and violation of the Unfair Competition Law. This release will be for during the Class Period. This includes any claims for injunctive relief, declaratory relief, restitution, fraudulent business practices or punitive damages alleged or other damages or penalties or which could have been alleged under the facts, allegations and/or claims pleaded as part of the Action. This further includes any and all other claims under California common law, the California Labor Code including but not limited to the Fair Labor Standards Act, California Industrial Welfare Commission Wage Orders, and the California Business and Professions Code alleged in or that could have been alleged under the facts, allegations and/or claims pleaded in the Action. Except as set forth in Section 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

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Participating Class Members’ Release. After the Judgment is final and ABR REI has fully funded the Gross Settlement (and separately paid all employer payroll taxes)taxes owed on the Wage Portion to the Administrator, Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR REI or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and Complaint, or that could have been ascertained in the course of the Action Action, including, e.g.without limitation, failure to pay any and all straight time claims for unpaid wages, failure to pay all overtime wagesunpaid overtime, failure to provide meal periodsor rest period violations, failure to authorize and permit meal or rest periodsperiod premiums, failure to adopt a compliant sick pay policy, failure to comply with itemized employee wage statement provisionsviolations, failure to pay all wages due at the unreimbursed business expenses, waiting time of termination, failure to reimburse/illegal deductionspenalties, and violation of the Unfair Competition Lawunfair business practices. This release will be for the Class Period. Except as set forth in Section 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR Compex has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Compex or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g., failure to pay all straight time wages, failure to pay all overtime wages, (1) failure to provide meal periods, ; (2) failure to authorize and permit rest periods, breaks; (3) failure to adopt a compliant sick pay policy, failure to comply with provide accurate itemized employee wage statement provisions, statement; (4) failure to pay all wages due at the time upon separation of terminationemployment; (5) violation of Business and Professions Code section 17200, et seq.; (6) failure to reimburse/illegal deductions, pay minimum wage; and violation of the Unfair Competition Law(7) failure to pay overtime wages. This release will be for the Class Period. Except as set forth in Section 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Defendant or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or that reasonably could have been alleged, in the Lawsuit based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action includingComplaint, e.g., including all claims for (1) failure to pay all straight time wages, minimum wages and liquidated damages; (2) failure to pay all overtime wages, including but not limited to due to failure to properly calculate the regular rate of pay; (3) failure to provide meal periods, ; (4) failure to authorize and permit provide rest periods, ; (5) failure to adopt a compliant sick pay policyprovide accurate, itemized wage statements; (6) waiting time penalties; (7) illegal deductions from wages; (8) failure to comply with itemized employee wage statement provisions, failure to pay all wages due at the time of termination, failure to reimburse/illegal deductionsreimburse business expenses, and violation of (9) unfair business practices during the Unfair Competition LawClass Period (“Released Claims”). This Class Members shall release will be the Released Claims for the entire Class Period, and the judgment on this Settlement will have res judicata effect as to the Released Claims for all Class Members who do not opt-out of this Settlement. Except as set forth in Section 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action Settlement Agreement and Class

Participating Class Members’ Release. After the Judgment is final and ABR CTI has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR CTI or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action Action, including, e.g.under state law and the Wage Orders of DocuSign Envelope ID: 7BF4E2F8-D94D-43CA-A2F0-9AC691A792C6 the California Industrial Welfare Commission, that were alleged or which could have been alleged based on the factual allegations in the Class Action Complaint in the Action, including claims for unpaid wages, including but not limited to failure to pay all minimum wages, straight time wagescompensation, overtime compensation, double time compensation, and interest; failure to timely pay regular and final wages; wages related to time rounding and timekeeping; missed meal period and rest period wages and premiums; meal period waivers and on-duty meal period waivers; payment for all overtime wageshours worked, including off-the-clock work and uncompensated work time; wage statements and paystubs, including wage statements and paystubs furnished or available in physical, electronic, or other forms; failure to provide meal periodskeep accurate records; deductions; declaratory relief; unfair business practices; penalties, failure to authorize and permit rest periodsincluding recordkeeping penalties, failure to adopt a compliant sick pay policy, failure to comply with itemized employee wage statement provisionspenalties, failure to pay all wages due at the time of termination, failure to reimburse/illegal deductionsminimum-wage penalties, and violation waiting-time penalties; statutory penalties and civil penalties; and attorneys’ fees and costs. Without limiting the foregoing, the Released Claims include those claims arising under California Labor Code Sections 201, 202, 203, 204, 206, 218.6, 226, 226.7, 510, 512, 1182.12, 1194, 1194.2, 1197, 1198 and/or those arising under the Industrial Welfare Commission Wage Orders; California Business and Professions Code section 17200 et seq.; California Code of Regulations, title 8, Section 11160; the Unfair Competition Law. This release will be for California Civil Code sections 3287, 3289, and 3294; California Code of Civil Procedure section 1021; and any claims under the Fair Labor Standards Act (“FLSA”) [29 U.S.C. §§ 201, et seq.] arising during the Class PeriodPeriod and based on the factual allegations alleged or which could have been alleged in the Complaint.5. Except as set forth in Section 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Participating Class Members’ Release. After the Judgment is final and ABR has Defendants 19 have fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 20 Class Members will be legally barred from asserting any of the claims released under the Settlement. 21 This means that unless you opted out by validly excluding yourself from the Class Settlement, you 22 cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Defendants or their related entities 23 for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged 24 in the Action and resolved by this Settlement. 25 The Participating Class Members will be bound by the following release: 26 All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors and assignsthemselves, release Released Parties from (i) any and all claims that were alleged, and damages alleged in the operative complaint 27 or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course arising from any of the Action includingfacts alleged in Plaintiff’s operative complaint for damages, e.g.including Defendants’ alleged violation of the 28 California Business and Professions Code Sections 17200 et seq. for, inter alia, 1 failure to pay overtime and minimum wages, provide meal and rest periods and associated premium payments, timely pay wages during employment and upon 2 termination, provide compliant wage statements, maintain complete and accurate payroll records, and reimburse necessary business related expenses, as 3 well as all straight time claims for failure to pay minimum wages, failure to pay all overtime wages, failure to provide meal periods, failure to authorize and permit rest periods, failure to adopt a compliant sick pay policy, failure to comply with issue accurate 4 itemized employee wage statement provisions, failure to pay all wages due at the time of termination, failure to reimburse/illegal deductionsstatements, and violation of the Unfair Competition Law. This release will be for the Class Period. Except as set forth in Section 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class PeriodDefendants’ alleged unfair business practices stemming from these alleged Labor Code violations.

Appears in 1 contract

Samples: 2 Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR has Defendants have fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Defendants or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Upon the entry of an order by the Court granting final approval of this Agreement, and except as to such rights or claims as may be created by this Agreement, Plaintiff and each Class MembersMember who has not properly submitted a timely and valid request to “opt- out” or be excluded from the Action, in exchange for the consideration recited in this Agreement, on behalf of themselves himself or herself and on behalf of his/her current, former, and future heirs, executors, administrators, attorneys, agents, and assigns, shall fully release and discharge Defendants Xxxxxxxxx Restaurant Group, LLC, Xxxxxxx de la Xxxxx Jr., and each of their parents, predecessors, successors, subsidiaries, affiliates, partners, and trusts, employment agencies and professional employer organizations, and their respective former and present representativesowners, employees, officers, agents, attorneys, heirsand assigns (collectively hereinafter the “Releasees”), administratorsfrom any and all claims, successors demands, rights, liabilities, and assignscauses of action of any kind whatsoever, release Released Parties from (i) all claims that were alleged, or reasonably could have been allegedasserted against the Releasees during the Class Period, , based on the Class Period facts stated alleged at in the Operative Complaint and ascertained operative complaint in this Action (the “Released Claims”). The Released Claims expressly include all claims alleged in the course of operative complaint or that could have been pled based on the Action including, e.g., failure to pay all straight time facts alleged in the operative complaint including those claims for unpaid wages, failure to pay all including overtime wages, off-the-clock claims, minimum wage claims, claims for failure to timely pay wages, both during and after termination of employment, claims for failure to keep accurate and complete payroll records, claims for failure to provide accurate and complete wage statements, claims relating to meal periodsperiods and rest breaks, failure to authorize claims for wage premiums, penalties, and permit rest periodsinterest; claims for penalties, failure to adopt a compliant sick pay policyincluding recordkeeping penalties, failure to comply with itemized employee wage statement provisionspenalties, failure to pay all wages due at the time of terminationminimum-wage penalties, failure to reimburse/illegal deductionsmissed meal-period and rest-break penalties, and violation waiting-time penalties; premiums or costs and attorneys’ fees and expenses, and any claim arising from the claims described above under applicable state or local law; all such claims arising under the California Labor Code (including, but not limited to, sections 201, 202, 203, 204, 218.5, 226, 226.7, 510, 512, 558, 1174, 1174.5, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 2802); the wage orders of the Unfair Competition Law. This release will be for California Industrial Welfare Commission (including the Class Period. Except as set forth in Section 5.3 Minimum Wage Order and Wage Orders 5); California Business and Professions Code section 17200 et seq.; the California common law of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of contract; the Fair Employment and Housing Labor Standards Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period29 U.S.C. § 201 et seq.; and federal common law. .viii.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR AHF has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR AHF or related entities for wages based on the Class Period facts and for PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g., : (a) any and all claims involving any alleged failure to pay for all straight time wages, hours worked; (b) any and all claims involving failure to pay minimum wage; (c) any and all overtime wages, claims for failure to reimburse for required business expenses; (d) any and all claims involving any alleged failure to properly provide meal periods, failure to periods and/or authorize and permit rest periods, to pay premiums for missed, late, short or interrupted meal and/or rest periods, or to pay such premiums; (e) any and all claims involving any alleged failure to adopt a compliant sick pay policy, failure keep accurate records or to comply with itemized employee issue proper wage statement provisions, failure statements to pay employees; (f) any claim for waiting time penalties under Labor Code section 203; and (g) any and all wages due at the time of termination, failure to reimburse/illegal deductions, and claims for unfair business practices in violation of the Unfair Competition Law. This release will be for the Class PeriodBusiness and Professions Code sections 17200, et seq. Except as set forth in Section 5.3 6.1 and 6.3 of the Settlement this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Amended Class Action and Paga Settlement Agreement

Participating Class Members’ Release. After the Judgment is final and ABR Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Defendant or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been allegedalleged under state, federal or local law, whether statutory, common law, or administrative law, based on the Class Period facts stated alleged in the Operative Complaint and ascertained operative First Amended Complaint, during the periods of employment as detailers or independent contractors in California during the course Class Period, including allegations of the Action including, e.g.alleged, failure to pay all straight time timely wages, ; failure to pay all overtime wages, failure to provide wage; meal periods, failure to authorize and permit period violations; rest periods, failure to adopt a compliant sick pay policy, failure to comply with itemized employee wage statement provisions, period violations; failure to pay all wages due at the time of termination, meal or rest period premiums; failure to reimburse/illegal deductionsreimburse expenses; wage statement violations; waiting time penalties; misclassification of independent contractors; civil penalties, including penalties under PAGA, based on the allegations set forth above; violations of Business and violation Professions Code section 17200 based on the allegations set forth above; including, but not limited to, claims for injunctive relief; penalties of the Unfair Competition Law. This release will be for the Class Periodany nature; interest; fees; and costs (“Released Claims”). Except as set forth in Section 5.3 6.3 of the Settlement this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Defendant or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, e.g., including but not limited to (1) failure to pay all straight time minimum wages, (2) failure to pay all overtime wagescompensation, (3) failure to provide meal periods, (4) failure to authorize and permit rest periodsbreaks, (5) failure to adopt a compliant sick pay policyindemnify necessary business expenses, (6) failure to comply with itemized employee wage statement provisionstimely pay final wages at termination, (7) failure to pay all wages due at the time of termination, failure to reimburse/illegal deductionsprovide accurate itemized wage statements, and violation of the Unfair Competition Law(8) unfair business practices. This release will be for the Class Period. Except as set forth in Section 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT?

Appears in 1 contract

Samples: Class Action Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and ABR Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against ABR Defendant or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint Complaint, including any and ascertained in the course of the Action including, e.g., all claims involving any alleged failure to pay all straight time wages, failure to pay all overtime wageswages and/or overtime, failure to provide meal periods, failure to authorize and permit provide rest periods, failure to adopt a compliant sick pay policyprovide accurate itemized wage statements, failure to comply with itemized employee wage statement provisions, and failure to pay all wages due at the time of wage upon termination, failure to reimburse/illegal deductions, and violation of the Unfair Competition Law. This release will be for the Class Periodresignation. Except as set forth in Section 5.3 6.3 of the Settlement this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers' compensation, or claims based on facts occurring outside the Class Period.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

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