Common use of Participating Class Members’ Release Clause in Contracts

Participating Class Members’ Release. After the Judgment is final and ECF has fully funded the Gross Settlement and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, Xxxxxxxx, Inc., and ERAS Home II.) 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 ECF or the Released Parties for any wages, liquidated damages, penalties, interest, or other relief 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 all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, through [the date the Court enters Preliminary Approval of the Settlement, unless the Class Period is shortened per Paragraph 8 of the Settlement Agreement], including, any and all claims involving any alleged failure to pay minimum DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 wages, failure to pay overtime, failure to provide meal periods or additional pay in lieu thereof, failure to provide rest breaks or additional pay in lieu thereof, failure to timely pay wages (including at least minimum wage for all time worked, overtime wages for all overtime hours worked, accrued unused vacation, meal period premium wages, and/or rest period premium wages) upon separation, failure to timely pay wages owed during employment, inaccurate itemized wage statements; and any alleged violation of California Labor Code sections 201, 202, 203, 204, 226, 226.7, 510, 512, 1194, 1194.2, 1197, and 1197.1, the applicable California Industrial Welfare Commission Wage Orders, and all related or corresponding federal laws; and any alleged unfair business practices in violation of California Business and Professions Code § 17200 et seq.; and any claims under California Labor Code Section 2698 et seq. for the foregoing Labor Code violations (the “Released Claims”). 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

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Participating Class Members’ Release. After the Judgment is final and ECF Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, Xxxxxxxx, Inc., and ERAS Home II.) 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 ECF Defendant or the Released Parties related entities for any wages, liquidated damages, penalties, interest, or other relief 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 operative First Amended Complaint, through [during the date the Court enters Preliminary Approval periods of the Settlement, unless employment as detailers or independent contractors in California during the Class Period is shortened per Paragraph 8 Period, including allegations of the Settlement Agreement], including, any and all claims involving any alleged failure to pay minimum DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 wagesalleged, failure to pay overtime, timely wages; failure to provide pay overtime wage; meal periods or additional pay in lieu thereof, period violations; rest period violations; failure to provide pay meal or rest breaks or additional pay in lieu thereof, period premiums; failure to timely pay wages (reimburse expenses; wage statement violations; waiting time penalties; misclassification of independent contractors; civil penalties, including at least minimum wage for all time workedpenalties under PAGA, overtime wages for all overtime hours worked, accrued unused vacation, meal period premium wages, and/or rest period premium wages) upon separation, failure to timely pay wages owed during employment, inaccurate itemized wage statementsbased on the allegations set forth above; and any alleged violation violations of California Labor Code sections 201, 202, 203, 204, 226, 226.7, 510, 512, 1194, 1194.2, 1197, and 1197.1, the applicable California Industrial Welfare Commission Wage Orders, and all related or corresponding federal laws; and any alleged unfair business practices in violation of California Business and Professions Code § section 17200 et seq.based on the allegations set forth above; including, but not limited to, claims for injunctive relief; penalties of any nature; interest; fees; and any claims under California Labor Code Section 2698 et seq. for the foregoing Labor Code violations costs (the “Released Claims”). Except as set forth in Section 6.3 of 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

Participating Class Members’ Release. After the Judgment is final and ECF Arjo has fully funded the Gross Settlement and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, Xxxxxxxx, Inc., and ERAS Home II.) 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 ECF Arjo or the Released Parties related entities for any wages, liquidated damages, penalties, interest, or other relief 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 all claims claims, demands, rights, liabilities, penalties, fees, and causes of action arising from, or related to, or that were allegedasserted, or reasonably that could have been alleged, asserted based on the Class Period facts stated in the Operative Complaint, through [Complaint and/or ascertained in the date the Court enters Preliminary Approval course of the Settlement, unless the Class Period is shortened per Paragraph 8 of the Settlement Agreement]Action, including, any and all claims involving any alleged failure to pay minimum DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 all regular wages, minimum wages, and overtime wages due; failure to pay properly calculate overtime, ; failure to provide proper meal periods or additional pay and rest periods, and to properly provide premium payment in lieu thereof, ; failure to provide rest breaks complete, accurate, or additional pay in lieu thereof, properly formatted wage statements; failure to maintain payroll records; failure to timely pay all wages (including during employment or at least minimum wage separation of employment; waiting time penalties; failure to properly calculate and pay sick pay; failure to reimburse for business expenses; and unfair business practices that could have been premised on the claims, causes of action or legal theories of relief described above. Released claims by all time workedParticipating Class Members include all claims for unpaid wages, overtime wages for all overtime hours worked, accrued unused vacation, meal period premium wages, and/or rest period premium wages) upon separationstatutory penalties, failure to timely pay wages owed during employmentdamages of any kind, inaccurate itemized wage statements; interest, attorneys’ fees, costs, injunctive relief, restitution, and any alleged violation other equitable relief under California or federal statute, ordinance, regulation, common law, or other source of law, including but not limited to the California Labor Code, California Business and Professions Code, California Civil Code sections 201, 202, 203, 204, 226, 226.7, 510, 512, 1194, 1194.2, 1197, and 1197.1, the applicable California Industrial Welfare Commission Wage Orders. Except as set forth in Section 6.3 of this Agreement, and all related or corresponding federal laws; and any alleged unfair business practices in violation of California Business and Professions Code § 17200 et seq.; and any claims under California Labor Code Section 2698 et seq. for the foregoing Labor Code violations (the “Released Claims”). 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

Participating Class Members’ Release. After the Judgment is final and ECF Defendant has fully funded the Gross Settlement and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, Xxxxxxxx, Inc., and ERAS Home II.) 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 ECF Defendant or the Released Parties for any wages, liquidated damages, penalties, interest, or other relief related entities based on the facts alleged in the Action for the Class Period facts and or the PAGA penalties based on PAGA Period factsPeriod, 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 and discharge the Released Parties from all claims, transactions, or occurrences that occurred during the Class Period and PAGA Period, including but not limited to: (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated contained in the Operative Complaint or ascertained in the course of the Action; and (ii) all PAGA claims, whether representative or individual in nature, that were alleged, or reasonably could have been alleged, based on facts contained in the Operative Complaint, through [PAGA notice(s), or ascertained in the date the Court enters Preliminary Approval course of the SettlementAction. Such class and PAGA claims include claims for violation of Labor Code sections 510 and 1198 (unpaid overtime), unless the Class Period is shortened per Paragraph 8 violation of Labor Code sections 226.7 and 512(a) (unpaid meal period premiums), violation of Labor Code section 226.7 (unpaid rest period premiums), violation of Labor Code sections 1194 and 1197 (unpaid minimum wages), violation of Labor Code sections 201 and 202 (final wages not timely paid), violation of Labor Code section 226(a) (non-compliant wage statements), violations of Labor Code sections 2800 and 2802 (unreimbursed business expenses), violation of Business & Professions Code section 17200, et seq. Except as set forth in Section 5.3 of the Settlement Agreement], including, any and all claims involving any alleged failure to pay minimum DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 wages, failure to pay overtime, failure to provide meal periods or additional pay in lieu thereof, failure to provide rest breaks or additional pay in lieu thereof, failure to timely pay wages (including at least minimum wage for all time worked, overtime wages for all overtime hours worked, accrued unused vacation, meal period premium wages, and/or rest period premium wages) upon separation, failure to timely pay wages owed during employment, inaccurate itemized wage statements; and any alleged violation of California Labor Code sections 201, 202, 203, 204, 226, 226.7, 510, 512, 1194, 1194.2, 1197, and 1197.1, the applicable California Industrial Welfare Commission Wage Orders, and all related or corresponding federal laws; and any alleged unfair business practices in violation of California Business and Professions Code § 17200 et seq.; and any claims under California Labor Code Section 2698 et seq. for the foregoing Labor Code violations (the “Released Claims”). 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

Participating Class Members’ Release. After the Judgment is final and ECF Defendant has fully funded the Gross Settlement and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, Xxxxxxxx, Inc., and ERAS Home II.) 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 ECF Defendant or the Released Parties related entities for any wages, liquidated damages, penalties, interest, or other relief 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 all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, through [Complaint and ascertained in the date the Court enters Preliminary Approval course of the Settlement, unless the Class Period is shortened per Paragraph 8 of the Settlement Agreement], including, Action including any and all claims involving any alleged failure allegations that Defendant: failed to pay all wages due (including minimum DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 wages, failure regular wages, sick pay, vacation, paid time off and overtime wages); failed to provide legally-compliant meal and rest breaks and failed to pay overtimepremium pay for missed, failure to provide late, interrupted or short meal periods or additional pay in lieu thereof, failure to provide and rest breaks or additional pay in lieu thereof, failure breaks; failed to timely pay all earned wages (including at least minimum wage for all time worked, overtime wages for all overtime hours worked, accrued unused vacation, meal period premium wages, and/or rest period premium wages) upon separation, failure and compensation; failed to provide timely pay wages owed during employment, inaccurate 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 any time during the Class Period. This includes any claims for injunctive relief, declaratory relief, restitution, fraudulent business practices or punitive damages alleged violation 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 sections 201including but not limited to the Fair Labor Standards Act, 202, 203, 204, 226, 226.7, 510, 512, 1194, 1194.2, 1197, and 1197.1, the applicable California Industrial Welfare Commission Wage Orders, and all related or corresponding federal laws; and any alleged unfair business practices in violation of the California Business and Professions Code § 17200 et seq.; and any alleged in or that could have been alleged under the facts, allegations and/or claims under California Labor Code pleaded in the Action. Except as set forth in Section 2698 et seq. for 5.3 of the foregoing Labor Code violations (the “Released Claims”). 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

Participating Class Members’ Release. After the Judgment is final and ECF Ambitions has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, Xxxxxxxx, Inc., and ERAS Home II.) 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 ECF Ambitions or the Released Parties related entities for any wages, liquidated damages, penalties, interest, or other relief 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 claims, damages, or causes of action alleged in, or arising out of, the allegations in the Consolidated Complaint (as defined below) 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 Complaint, through [Consolidated Complaint in the date the Court enters Preliminary Approval of the Settlement, unless the Class Period is shortened per Paragraph 8 of the Settlement Agreement]Action, including, any but not limited to, claims under state, federal (i.e., Fair Labor Standards Act (“FLSA”)) or local law including, but not limited to claims for unpaid minimum and all overtime wages (including, inter alia, in connection with off-the-clock work and improper rounding of time), claims involving any alleged related to non-compliant meal and rest breaks or periods and nonpayment of premium pay for such, failure to pay minimum DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 wagescomply with itemized employee wage statement provisions, failure to pay overtime, failure to provide meal periods or additional pay in lieu thereof, failure to provide rest breaks or additional pay in lieu thereofwages due at separation and associated waiting time penalties, failure to timely pay wages (including at least minimum wage for all time worked, overtime wages for all overtime hours worked, accrued unused vacation, meal period premium wages, and/or rest period premium wages) upon separationduring employment, failure to timely pay wages owed during employmentmaintain compliant time and payroll records, inaccurate itemized wage statements; the failure to reimburse for business expenses, and any alleged violation of 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, and 1197.1, the applicable 1198, 2800 and 2802, California Industrial Welfare Commission Wage OrdersOrder 5-2001, and all related or corresponding federal laws; and any alleged unfair business practices in violation of California Business and Professions Profession Code § 17200 sections 17200, et seq.; , California Code of Civil Procedure section 1021.5, and any claims under California Labor Code Section 2698 et seq. for the foregoing Labor Code violations (the “Released Claims”). Participating Class Members do not release any other claimscommon law of contract, 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

Participating Class Members’ Release. After the Judgment is final and ECF Defendant has fully funded the Gross Settlement and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, Xxxxxxxx, Inc., and ERAS Home II.) 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 ECF Defendant or the Released Parties related entities for any wages, liquidated damages, penalties, interest, or other relief 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, through [the date the Court enters Preliminary Approval of the Settlement, unless the Class Period is shortened per Paragraph 8 of the Settlement Agreement], including, any and all Complaint including claims involving any alleged for failure to pay minimum DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 wages, failure to pay overtimeovertime wages, failure to provide meal periods or additional pay in lieu thereofthe correct applicable overtime rate, failure to provide pay all hourly wages including minimum and overtime wages as a result of auto-deductions for meal periods, unlawful and inaccurate recording of time, off-the-clock work, failing to authorize and permit meal breaks (including requiring, suffering, and/or permitting Class Members to work through meal breaks), failure to authorize and permit rest breaks or additional pay in lieu thereofperiods, failure to indemnify for necessary business expenses including for mileage and cell phone use, failure to timely pay final wages (including at least minimum wage for all time worked, overtime wages for all overtime hours worked, accrued unused vacation, meal period premium wages, and/or rest period premium wages) upon separationtermination, failure to timely pay wages owed during employmentproperly maintain required records, inaccurate failure to provide accurate itemized wage statements; , unfair and unlawful business practices, and any alleged violation other claims, including claims for statutory and/or civil penalties. Except as set forth in Section 6.3 of California Labor Code sections 201the Settlement Agreement, 202, 203, 204, 226, 226.7, 510, 512, 1194, 1194.2, 1197, and 1197.1, the applicable California Industrial Welfare Commission Wage Orders, and all related or corresponding federal laws; and any alleged unfair business practices in violation of California Business and Professions Code § 17200 et seq.; and any claims under California Labor Code Section 2698 et seq. for the foregoing Labor Code violations (the “Released Claims”). 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

Participating Class Members’ Release. After the Judgment is final and ECF Defendant has fully funded the Gross Settlement and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, Xxxxxxxx, Inc., and ERAS Home II.) This means that unless you opted out by validly and timely excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against ECF Defendant or the Released Parties related entities for any wages, liquidated damages, penalties, interest, or other relief based on of the claims alleged in the Action arising during the Class Period facts and or for any PAGA penalties based on any of the claims alleged in the Action arising during the PAGA Period factsPeriod, as alleged in the Action and resolved by this Settlement. The Specifically, the Participating Class Members will be bound by the following release: All Participating Class Membersclaims as pled in the Complaint, and any further amended pleadings as necessary, including claims for (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Reimburse Business Expenses; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Pay Wages Timely During Employment; (8) Failure to Pay all Wages Timely Due Upon Separation of Employment; (9) Violation of Business and Professions Code and (10) Violation of California Labor Code section 2698, et seq. (“PAGA”) based on behalf of themselves the allegations in the operative Complaint, as well as any and their respective former all wage and present representatives, agents, attorneys, heirs, administrators, successors and assigns, release Released Parties from all hour claims that were alleged, asserted or reasonably could have been alleged, asserted based on the Class Period facts stated factual allegations contained in the Operative Complaint, through [the date the Court enters Preliminary Approval of the Settlementor any amended complaints. This also includes, unless the Class Period but is shortened per Paragraph 8 of the Settlement Agreement], includingnot limited to, any and all claims involving alleged or that could have been alleged based on the facts of the Complaint or any alleged failure to pay minimum DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 amended complaint for unpaid wages, failure economic damages, non-economic damages, any other damages, civil or statutory penalties, waiting time penalties, liquidated damages, and all other associated damages and/or penalties, including but not limited to pay overtimeclaims under Labor Code section 2698, failure to provide meal periods or additional pay in lieu thereofet seq., failure to provide rest breaks or additional pay in lieu thereof, failure to timely pay wages (including at least minimum wage for all time worked, overtime wages for all overtime hours worked, accrued unused vacation, meal period premium wages, and/or rest period premium wages) upon separation, failure to timely pay wages owed during employment, inaccurate itemized wage statements; and any alleged violation of California Labor Code sections 201, 202, 203, 204, 210, 226, 226.7, 246, 510, 512, 558, 1174, 1174.5 1182.12, 1194, 1194.2, 1194.2 1197, and 1197.1, the 1198, 2800, 2802, all applicable California Industrial Welfare Commission IWC Wage Orders, and all related or corresponding federal laws; and any alleged unfair business practices in violation of California Business and Professions Code § section 17200 et seq.; . and any and all claims under California Labor Code Section 2698 et seqor potential claims for lost wages and/or benefits, consequential economic damages, other economic damages, punitive damages, emotional distress damages, reputation damages, any other damages, attorneys’ fees and costs and interest. for For Plaintiff and the foregoing Labor Code violations members of the Settlement Class who do not opt out of the settlement, the Settlement Class Release shall include all released claims from November 8, 2017 through August 31, 2023 (the Released ClaimsSettlement Class Release Period”). 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 and Representative Paga Action Settlement Agreement

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Participating Class Members’ Release. After the Judgment is final and ECF Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, Xxxxxxxx, Inc., and ERAS Home II.) 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 ECF Defendant or the Released Parties related entities for any wages, liquidated damages, penalties, interest, or other relief 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 all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, through [the date the Court enters Preliminary Approval of the Settlementincluding, unless the Class Period is shortened per Paragraph 8 of the Settlement Agreement], includinge.g., any and all claims involving involving: (1) any alleged failure to pay wages (including minimum DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 wages, wage); (2) any alleged failure to pay overtime, overtime compensation; (3) any alleged failure to provide compliant meal periods periods, or additional pay compensation in lieu thereof, ; (4) any alleged failure to provide compliant rest breaks breaks, or additional pay compensation in lieu thereof, ; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay wages (including at least minimum wage for all time worked, overtime wages for all overtime hours worked, accrued unused vacation, meal period premium wages, and/or rest period premium wages) due upon separation, failure to timely pay wages owed during employment, inaccurate itemized wage statements; and (7) any alleged violation of California Labor Code sections 201unlawful, 202unfair, 203, 204, 226, 226.7, 510, 512, 1194, 1194.2, 1197, and 1197.1, the applicable California Industrial Welfare Commission Wage Orders, and all related or corresponding federal laws; and any alleged unfair fraudulent business actions or practices in violation of California under Business and Professions Code §§ 17200 et seq.; and any claims under California Labor Code Section 2698 17200, et seq. arising out of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the foregoing Labor Code violations (the “Released Claims”). PAGA Release described below, 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

Participating Class Members’ Release. After the Judgment is final and ECF CTI has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, Xxxxxxxx, Inc., and ERAS Home II.) 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 ECF CTI or the Released Parties related entities for any wages, liquidated damages, penalties, interest, or other relief 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, through [Complaint and ascertained in the date the Court enters Preliminary Approval course of the Settlement, unless the Class Period is shortened per Paragraph 8 of the Settlement Agreement]Action, including, any under state law and all 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 involving any alleged for unpaid wages, including but not limited to failure to pay minimum DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 wages, failure to pay overtimestraight time compensation, failure to provide meal periods or additional pay in lieu thereofovertime compensation, failure to provide rest breaks or additional pay in lieu thereofdouble time compensation, and interest; failure to timely pay regular and final wages; wages (including at least minimum wage 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 time worked, overtime wages for all overtime hours worked, accrued unused vacationincluding off-the-clock work and uncompensated work time; wage statements and paystubs, meal period premium wagesincluding wage statements and paystubs furnished or available in physical, and/or rest period premium wages) upon separationelectronic, or other forms; failure to timely pay wages owed during employmentkeep accurate records; deductions; declaratory relief; unfair business practices; penalties, inaccurate itemized including recordkeeping penalties, wage statementsstatement penalties, minimum-wage penalties, and waiting-time penalties; statutory penalties and civil penalties; and any alleged violation of attorneys’ fees and costs. Without limiting the foregoing, the Released Claims include those claims arising under California Labor Code sections Sections 201, 202, 203, 204, 206, 218.6, 226, 226.7, 510, 512, 1182.12, 1194, 1194.2, 1197, and 1197.1, 1198 and/or those arising under the applicable California Industrial Welfare Commission Wage Orders, and all related or corresponding federal laws; and any alleged unfair business practices in violation of California Business and Professions Code § section 17200 et seq.; California Code of Regulations, title 8, Section 11160; the California Civil Code sections 3287, 3289, and 3294; California Code of Civil Procedure section 1021; and any claims under California the Fair Labor Code Section 2698 Standards Act (“FLSA”) [29 U.S.C. §§ 201, et seq. for .] arising during the foregoing Labor Code violations (Class Period and based on the “Released Claims”)factual allegations alleged or which could have been alleged in the Complaint.5. 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 ECF Defendant has fully funded the Gross Settlement and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, Xxxxxxxx, Inc., and ERAS Home II.) 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 ECF Defendant or the Released Parties related entities for any wages, liquidated damages, penalties, interest, or other relief 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: : 6.1 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, through [the date LWDA Letter, and ascertained in the Court enters Preliminary Approval course of the Settlement, unless the Class Period is shortened per Paragraph 8 of the Settlement Agreement], Action including, any and all but not limited to claims involving any alleged for ( a) failure to pay minimum DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 minimum, straight time, overtime, or double time wages, and failure to pay overtime, other wages of any kind during employment; (b) failure to authorize and permit rest periods or pay rest period premiums; (c) failure to provide meal periods or additional pay in lieu thereof, meal period premiums; (d) failure to provide rest breaks or additional pay in lieu thereof, failure to timely pay wages (including at least minimum wage for all time worked, overtime wages for all overtime hours worked, accrued unused vacation, meal period premium wages, and/or rest period premium wages) upon separation, failure to timely pay wages owed during employment, inaccurate accurate and itemized wage statements; (e) failure to maintain accurate employment records; (f) failure to pay timely wages; (g) failure to pay final wages due at separation; (h) failure to reimburse or indemnify all necessary business expenses, (i) civil penalties under PAGA based on the alleged Labor Code violations and any alleged violation applicable Wage Orders; (j) claims brought under Business & Professions Code section 17200, et seq., based on the aforementioned ,including, but not limited to all claims for unfair, unlawful and harmful conduct to class members, the general public, and Defendant’s competitors and claims of unlawfully gaining an unfair advantage over other businesses, and all damages, interest, penalties, attorneys’ fees, costs, and other amounts recoverable based on the aforementioned, to the extent permissible, including, but not limited to, the California Labor Code sections 201, 202, 203, 204, 226, 226.7, 510, 512, 1194, 1194.2, 1197, and 1197.1, the applicable California Industrial Welfare Commission Wage Orders. Except as set forth in Section 6.3 of this Agreement, and all related or corresponding federal laws; and any alleged unfair business practices in violation of California Business and Professions Code § 17200 et seq.; and any claims under California Labor Code Section 2698 et seq. for the foregoing Labor Code violations (the “Released Claims”). 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

Participating Class Members’ Release. After the Judgment is final and ECF Defendant has fully funded the Gross Settlement and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, Xxxxxxxx, Inc., and ERAS Home II.) This means that unless you opted out by validly excluding yourself from the Class Settlement, you xou cannot sue, continue xxntinue to sue, or be part of any other lawsuit against ECF Defendant or the Released Parties related entities for any wages, liquidated damages, penalties, interest, or other relief 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 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 Complaintoperative complaint filed in the Action regarding the provision (or alleged non–provision) of rest breaks, through [meal breaks, overtime, minimum wage, waiting time penalties, and/or wage statements provided to those class members (or the date the Court enters Preliminary Approval 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 SettlementReleased Parties, unless or which could have been alleged based on the Class Period is shortened per Paragraph 8 of facts pled against them in the Settlement Agreement], including, any and all the Complaints in the Actions. These claims involving any alleged 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 minimum DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 wagesin lieu thereof, failure to pay overtime, failure to provide meal periods or additional pay in lieu thereofminimum wage (and liquidated damages predicated thereupon), failure to provide rest breaks properly calculate the regular rate of pay, failure to pay minimum wage or additional pay in lieu thereofovertime as applicable for all hours worked including but not limited to unpaid wages due to inaccurate time rounding or use of an “auto-deduct” feature for meal periods, on-all call compensation, and any and all off-the-clock work, failure to timely pay wages (including at least minimum wage for all time workedupon separation from employment, overtime wages for all overtime hours worked, accrued unused vacation, meal period premium wagesunfair competition, and/or rest period premium wages) upon separationfor penalties (regardless of the recipient), failure to timely pay wages owed during employment, inaccurate itemized wage statements; and any alleged violation of claims arising under California Labor Code sections 201, 202, -203, 204, 226216, 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, and 1197.1, 1198, 1199, 2751, and 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 applicable California Industrial Welfare Commission Wage OrdersClass Period and based on the facts alleged in the Complaints in the Action, and all related or corresponding federal including claims under any common laws; and any alleged unfair business practices in violation of , the California Business and & Professions Code § Sections 17200 et seq. (“UCL”), including claims asserted under the UCL 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 any claims under the California Labor Code Code. Except as set forth in Section 2698 et seq. for the foregoing Labor Code violations (the “Released Claims”). 6.3 of 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: Class Action and Paga Settlement Agreement

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