Common use of Participating Class Members’ Release Clause in Contracts

Participating Class Members’ Release. After the Judgment is final and Defendants have fully funded the Gross Settlement Amount and all employer payroll taxes owed, 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 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 Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Defendants and each and all of its present and former partners, parents (including Paramount Global), subsidiaries, affiliates, and related entities and all of their officers, directors, employees, agents, servants, registered representatives, attorneys, insurers, payroll companies, successors and assigns, and any other persons acting by through, under, or in concert with any of them (including any alleged joint employers) (the “Released Parties”) from all claims that were alleged, or reasonably could have been alleged in connection with their employment on the production of the first, second, and/or third seasons of The L Word: Generation Q, based on the facts stated in the operative pleading in this action (the “Operative Complaint”), including, e.g., any failure to pay all wages due (including minimum wage and overtime wages), failure to pay for all hours worked, failure to provide meal or rest periods, failure to timely pay wages and final wages, failure to furnish accurate wage statements (including claims derivative and/or related to these claims), and failure to provide expense reimbursements. This Release shall include all claims and theories arising under the California Labor Code, the Fair Labor Standards Act, California wage orders, and applicable regulations, including California Labor Code sections 201, 201.5, 202, 203, 204, 210, 226, 226.7, 510, 512, 515, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 2802, as well as claims under Business and Professions Code section 17200, et seq., based on alleged violations of the above Labor Code provisions, as alleged in the Action. Except as set forth in Paragraph 5.3 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: www.cptgroupcaseinfo.com

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Participating Class Members’ Release. After the Judgment is final and Defendants have fully funded the Gross Settlement Amount and separately paid all employer payroll taxes owedtaxes, 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 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 Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Defendants and each and all of its present and former partners, parents Released Parties from (including Paramount Global), subsidiaries, affiliates, and related entities and all of their officers, directors, employees, agents, servants, registered representatives, attorneys, insurers, payroll companies, successors and assigns, and any other persons acting by through, under, or in concert with any of them (including any alleged joint employersi) (the “Released Parties”) from all claims that were alleged, or reasonably could have been alleged in connection with their employment on the production of the first, second, and/or third seasons of The L Word: Generation Qalleged, based on the Class Period facts stated in the operative pleading Operative Complaints and ascertained in this action the course of the Action , including (the “Operative Complaint”)1) failure to pay all earned wages, including(2) unpaid minimum wages, e.g.(3) unpaid overtime wages, any (4) failure to provide meal periods, (5) failure to provide rest periods, (6) failure to provide accurate wage statements, (7) waiting time penalties, (8) failure to maintain accurate payroll, (9) failure to pay all wages due earned for labor performed each pay period, (including minimum wage and overtime wages), 10) failure to pay indemnify for all hours workednecessary business expenditures, failure (11) unfair competition pursuant to provide meal or rest periods, failure to timely pay wages and final wages, failure to furnish accurate wage statements (including claims derivative and/or related to these claims), and failure to provide expense reimbursements. This Release shall include all claims and theories arising under the California Labor Code, the Fair Labor Standards Act, California wage orders, and applicable regulations, including California Labor Code sections 201, 201.5, 202, 203, 204, 210, 226, 226.7, 510, 512, 515, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 2802, as well as claims under Business and Professions Code section 17200, et seq., based on alleged violations and (12) violation of the above California Labor Code provisionssection 2698, as alleged in the Actionet seq. Except as set forth in Paragraph 5.3 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 Defendants 19 have fully funded the Gross Settlement Amount and separately paid all employer payroll taxes owedtaxes, 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, or be part of any other lawsuit against 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 Defendants and each Released Parties from any and all of its present claims and former partners, parents (including Paramount Global), subsidiaries, affiliates, and related entities and all of their officers, directors, employees, agents, servants, registered representatives, attorneys, insurers, payroll companies, successors and assigns, and any other persons acting by through, under, or in concert with any of them (including any damages alleged joint employers) (the “Released Parties”) from all claims that were alleged, or reasonably could have been alleged in connection with their employment on the production of the first, second, and/or third seasons of The L Word: Generation Q, based on the facts stated in the operative pleading complaint 27 or reasonably arising from any of the facts alleged in this action (Plaintiff’s operative complaint for damages, including Defendants’ alleged violation of the “Operative Complaint”)28 California Business and Professions Code Sections 17200 et seq. for, includinginter alia, e.g., any 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 wages due (including claims for failure to pay minimum wage and overtime wages), failure to pay for all hours workedovertime wages, failure to provide meal or and rest periods, failure to timely pay wages and final wages, failure to furnish issue accurate 4 itemized wage statements (including claims derivative and/or related to these claims)statements, and failure to provide expense reimbursements. This Release shall include all claims and theories arising under the California Labor Code, the Fair Labor Standards Act, California wage orders, and applicable regulations, including California Defendants’ alleged unfair business practices stemming from these alleged Labor Code sections 201, 201.5, 202, 203, 204, 210, 226, 226.7, 510, 512, 515, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 2802, as well as claims under Business and Professions Code section 17200, et seqviolations., based on alleged violations of the above Labor Code provisions, as alleged in the Action. Except as set forth in Paragraph 5.3 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: 2 Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and Defendants have fully funded the Gross Settlement Amount and separately paid all employer payroll taxes owedtaxes, 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 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 for the duration of the Class Period and PAGA Period, which are 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 Defendants and each and all of its present and former partners, parents (including Paramount Global), subsidiaries, affiliates, and related entities and all of their officers, directors, employees, agents, servants, registered representatives, attorneys, insurers, payroll companies, successors and assigns, and any other persons acting by through, under, or in concert with any of them (including any alleged joint employers) (the Released Parties”) Parties from all claims that were alleged, or reasonably could have been alleged in connection with their employment on the production of the first, second, and/or third seasons of The L Word: Generation Qalleged, based on the facts stated in the operative pleading in this action (the “Operative Complaint”), including, e.g., any including claims for failure to pay all wages due (including minimum wage provide meal and overtime wages)rest breaks, failure to pay for meal and rest break premiums pay in lieu thereof and at the correct rates paid for same, pay overtime wages and the correct rates paid for same, pay minimum or regular wages for all hours worked, failure pay timely wages during employment, pay all earned and accrued wages to provide meal or rest periodsdischarged/separated employees, failure to timely pay wages and final wages, failure to furnish accurate itemized wage statements (including claims derivative and/or related to these claims)statements, maintain required payroll records, and failure to provide expense reimbursements. This Release shall include all claims and theories arising under the California Labor Code, the Fair Labor Standards Act, California wage ordersindemnify employees for business expenses, and applicable regulations, including California based on violations of Labor Code sections 201200-204, 201.5, 202, 203, 204208, 210, 218.6, 226, 226.2, 226.3, 226.7, 510, 512, 515, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 1199, 2802, as well as claims under or Industrial Welfare Commission Order #4, or Business and Professions Code section 17200, et seq., based which are premised on alleged violations of the above Labor same allegations, and Cal. Code provisionsRegs., as alleged in tit. 8, section 11090 (the Action“Released Class Claims”). Except as set forth in Paragraph 5.3 of this Agreement, The operative release period for the Released Class Claims is the Class 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 Action and Paga Settlement Agreement

Participating Class Members’ Release. After the Judgment is final and Defendants have Defendant has fully funded the Gross Settlement Amount and separately paid all employer payroll taxes owedtaxes, 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 Defendants Defendant or related entities for wages 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, and assigns, release Defendants and each and discharge the Released Parties from all of its present and former partnersclaims, parents (including Paramount Global), subsidiaries, affiliates, and related entities and all of their officers, directors, employees, agents, servants, registered representatives, attorneys, insurers, payroll companies, successors and assigns, and any other persons acting by through, undertransactions, or in concert with any of them occurrences that occurred during the Class Period and PAGA Period, including but not limited to: (including any alleged joint employersi) (the “Released Parties”) from all claims that were alleged, or reasonably could have been alleged in connection with their employment on the production of the first, second, and/or third seasons of The L Word: Generation Qalleged, based on the facts stated contained in the operative pleading Operative Complaint or ascertained in this action 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, PAGA notice(s), includingor ascertained in the course of the Action. Such class and PAGA claims include claims for violation of Labor Code sections 510 and 1198 (unpaid overtime), e.g.violation of Labor Code sections 226.7 and 512(a) (unpaid meal period premiums), any failure to pay all wages due violation of Labor Code section 226.7 (including unpaid rest period premiums), violation of Labor Code sections 1194 and 1197 (unpaid minimum wage and overtime wages), failure to pay for all hours worked, failure to provide meal or rest periods, failure to timely pay wages and final wages, failure to furnish accurate wage statements (including claims derivative and/or related to these claims), and failure to provide expense reimbursements. This Release shall include all claims and theories arising under the California Labor Code, the Fair Labor Standards Act, California wage orders, and applicable regulations, including California violation of Labor Code sections 201201 and 202 (final wages not timely paid), 201.5violation of Labor Code section 226(a) (non-compliant wage statements), 202violations of Labor Code sections 2800 and 2802 (unreimbursed business expenses), 203, 204, 210, 226, 226.7, 510, 512, 515, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 2802, as well as claims under violation of Business and & Professions Code section 17200, et seq., based on alleged violations of the above Labor Code provisions, as alleged in the Action. Except as set forth in Paragraph Section 5.3 of this 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 Defendants have XxXxxxx Nut has fully funded the Gross Settlement Amount (and separately paid all employer payroll taxes owedtaxes), 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 Defendants XxXxxxx Nut or related entities for wages or other relief based on the Class Period facts and or PAGA penalties based on PAGA Period factsfacts or the Parties’ Settlement Agreement, 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 Defendants and each and all of its present and former partners, parents (including Paramount Global), subsidiaries, affiliates, and related entities and all of their officers, directors, employees, agents, servants, registered representatives, attorneys, insurers, payroll companies, successors and assigns, fully, finally, and any other persons acting by throughforever settle and release Released Parties from (i) all claims, undercharges, complaints, liens, demands, causes of action, obligations, damages and liabilities, known or suspected, that each Participating Class Member had, now has, or in concert with any of them (including any alleged joint employers) (may hereafter claim to have against the Released Parties”) from all claims , and that were allegedasserted in the Action, or reasonably that arise from or could have been asserted based on any of the facts, circumstances, transactions, events, occurrences, acts, disclosures, statements, omissions or failures to act alleged in connection with their employment on the production of Action that have arisen during the first, second, and/or third seasons of The L Word: Generation Q, based on Class Period (“the facts stated in the operative pleading in this action (the “Operative ComplaintReleased Claims”). The Released Claims specifically include, including, e.g.but are not limited to, any failure to pay all wages due (including minimum wage and overtime wages), failure to pay for all hours worked, failure to provide meal or rest periods, failure to timely pay wages and final wages, failure to furnish accurate wage statements (including claims derivative and/or related to these claims), and failure to provide expense reimbursements. This Release shall include all claims and theories arising under the California Labor Code, the Fair Labor Standards Act, California wage orders, and applicable regulations, including California claimed violations of Labor Code sections §§ 201, 201.5, 202, 203, -204, 210, 226, 226.7, 510, 512, 515, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 2698 et. seq. and 2802, as well as claims under ; and Business and & Professions Code section § 17200, et et. seq., based on alleged violations of the above Labor Code provisions, as alleged in the Action. Except as set forth in Paragraph Section 5.3 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, 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 Defendants have EDNET has fully funded the Gross Settlement Amount and funds all employer payroll taxes owedowed on the Wage Portion of the Individual Class Payments, Plaintiff, 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 Defendants EDNET or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action Action, and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Upon entry of the final judgment and funding of the Gross Settlement Amount, all Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Defendants Released Parties from all wage and hour claims that were alleged or reasonably could have been alleged, based on the facts alleged in the Operative Complaint relating to wage and hour claims including but not limited to any and all claims involving any alleged unpaid overtime and/or minimum wage under Labor Code sections 510, 1194, 1197, 1197.1 and 1198, failure to provide meal and rest periods pursuant to Labor Code sections 204, 226.7, 510,512, and 1198, alleged unreimbursed business expenses under Labor code section 2802, alleged failure to provide and maintain accurate records violations under Labor Code sections 226(a)/(f)/(h),, alleged failure to pay wages during employment under Labor Code sections 204, 210, alleged failure to pay wages after under employment Labor Code sections 201-203, alleged violation of California Business & Professions Code section 17200 et seq. (Unfair Competition Law) arising from the labor code violations listed hereinabove from August 6, 2016 to September 23, 2022 (“Class Period”). This release will be as to the Released Parties, which shall include EdNet Career Institute (dba Xxxxxxxx Private Security), and each and all of its former and present and former partnersdirectors, parents (including Paramount Global), subsidiaries, affiliates, and related entities and all of their officers, directorsshareholders, employeesowners, agents, servants, registered representativesmembers, attorneys, insurers, payroll companiespredecessors, successors and successors, assigns, and any other persons acting by through, under, or in concert subsidiaries and/or affiliates. The release shall be effective with any of them (including any alleged joint employers) (respect to the “Released Parties”) from all claims that were alleged, or reasonably could have been alleged in connection with their employment on the production Settlement Class Members who do not validly opt-out of the firstClass Settlement, second, and/or third seasons of who worked for Defendant during the Class Period. The L Word: Generation Q, based on the facts stated in the operative pleading in this action (the “Operative Complaint”), including, e.g., any failure to pay all wages due (including minimum wage and overtime wages), failure to pay for all hours worked, failure to provide meal or rest periods, failure to timely pay wages and release shall be effective upon final wages, failure to furnish accurate wage statements (including claims derivative and/or related to these claims), and failure to provide expense reimbursements. This Release shall include all claims and theories arising under the California Labor Code, the Fair Labor Standards Act, California wage orders, and applicable regulations, including California Labor Code sections 201, 201.5, 202, 203, 204, 210, 226, 226.7, 510, 512, 515, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 2802, as well as claims under Business and Professions Code section 17200, et seq., based on alleged violations approval of the above Labor Code provisions, as alleged Class Settlement and funding in full of the ActionFund by Defendant. Except as set forth in Paragraph 5.3 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. This release expressly excludes PAGA penalties, which are separately released hereinbelow.

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 Defendants have Xxxxxx has 23 fully funded the Gross Settlement Amount and separately paid all employer payroll taxes owedtaxes, Participating Class 24 Members will be legally barred from asserting any of the claims released under the Settlement. This 25 means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot 26 sue, continue to sue, or be part of any other lawsuit against Defendants or related entities for wages based on the Class 27 Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved 28 by this Settlement. 1 The Participating Class Members will be bound by the following release: 2 All Participating claims under state, federal and local law that were set forth, or reasonably could have been set forth based on the facts alleged in the Operative Complaint 3 as to the Class MembersMembers only with regard to those claims for or related to alleged (1) failure to pay proper overtime wages in violation of Labor Code 4 sections 510, 1194, 1197, and 1198, and the applicable IWC Wage Order(s); (2) failure to provide compliant meal periods and pay missed meal period 5 premiums in violation of Labor Code sections 226.7 and 512, and the applicable IWC Wage Order(s); (3) failure to pay all wages due and owing at separation 6 in violation of Labor Code sections 201, 202, and 203; (4) failure to provide complete and accurate wage statements in violation of Labor Code section 226; 7 (5) deceptive, fraudulent, or otherwise unlawful business practices based on the foregoing in violation of California’s Unfair Competition Law (Bus. & Prof. 8 Code, §§ 17200–17210); (6) statutory penalties based on the foregoing pursuant to PAGA (Lab. Code, §§ 2698-2699.6); and (7) all claims for penalties, interest, 9 fees, costs based on the foregoing (the “Released Claims.”) The released parties shall include Sun Valley Packing, LP, Xxxxx Xxx Xxx Xxxxx, LLC, their officers, 10 shareholders, directors, agents, employees, attorneys, and insurers (“the Released Parties”). 11 Aggrieved Employees will be bound by the following release: 12 Aggrieved Employees on behalf of themselves and their respective former and 13 present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release release, discharge, and are forever barred from pursuing against 14 Defendants and each the Released Parties any and all of its present and former partners, parents claims for civil penalties under PAGA (including Paramount Globalthe California Labor Code Private Attorneys General Act (Cal. Labor 15 Code § 2698 et seq.), subsidiaries, affiliates, and related entities ) for any and all of their officers, directors, employees, agents, servants, registered representatives, attorneys, insurers, payroll companies, successors and assigns, and any other persons acting by through, under, or in concert with any of them (including any alleged joint employers) (the “Released Parties”) from all claims that were allegedset forth, or reasonably could have been alleged in connection with their employment on the production of the first, second, and/or third seasons of The L Word: Generation Q, set forth based on the facts stated alleged in the operative pleading in this action (the “Operative Complaint”)Complaint or PAGA 16 Notice, including: (1) unpaid overtime wages in violation of Labor Code sections 510, e.g.1194, any 1197, and 1198, and the applicable IWC Wage Order(s); 18 IWC Wage Order(s); (3) failure to pay all wages due (including minimum wage and overtime wages), failure to pay for all hours worked, failure to provide meal or rest periods, failure to timely pay wages and final wages, failure to furnish accurate wage statements (including claims derivative and/or related to these claims), and failure to provide expense reimbursements. This Release shall include all claims and theories arising under the California Labor Code, the Fair Labor Standards Act, California wage orders, and applicable regulations, including California owing at separation in violation of Labor Code sections 201, 201.5, 202, 203, 204, 210, 226, 226.7, 510, 512, 515, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 2802, as well as claims under Business and Professions Code section 17200, et seq203 (“Released PAGA 19 Claims”)., based on alleged violations of the above Labor Code provisions, as alleged in the Action. Except as set forth in Paragraph 5.3 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

Participating Class Members’ Release. After the Judgment is final and Defendants have Defendant has fully funded the Gross Settlement Amount (and separately paid all employer payroll taxes owedtaxes), 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 Defendants 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 Plaintiff and all Participating Class MembersMembers will release Defendant and all of its subsidiaries, on behalf of themselves and their respective former and present representativesaffiliates, shareholders, members, agents, attorneys, heirs, administratorspredecessors, successors, and assigns, release Defendants and each and all of its present and former partners, parents (including Paramount Global), subsidiaries, affiliates, and related entities and all of their officers, directors, employees, agents, servants, registered representatives, attorneys, insurers, payroll companies, successors and assigns, and any other persons acting by through, under, or in concert with any of them (including any alleged joint employers) assigns (the “Released Parties”) from all those claims that were alleged, or reasonably could have been alleged in connection with their employment on the production of the first, second, and/or third seasons of The L Word: Generation Q, based on the facts stated in the operative pleading in this action (the “Plaintiff’s PAGA letter and forthcoming Operative Complaint”), including, e.g., any failure to pay all wages due (including minimum wage and overtime wages), failure to pay for all hours worked, failure to provide meal or rest periods, failure to timely pay wages and final wages, failure to furnish accurate wage statements (including claims derivative and/or related to these claims), and failure to provide expense reimbursements. This Release shall include all claims and theories arising under the California Labor Code, the Fair Labor Standards Act, California wage orders, and applicable regulations, including California Labor Code sections 201, 201.5, 202, 203, 204, 210, 226, 226.7, 510, 512, 515, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 2802, as well as claims under Business and Professions Code section 17200, et seq., based on alleged violations of the above Labor Code provisions, as alleged in the Action. Except as set forth in Paragraph 5.3 of this Agreement, Participating Class Members do not release any other claims, including claims for vested benefitsDefendant’s alleged failure to (1) pay all minimum wages due under Labor Code sections 1194 of the Labor Code, wrongful terminationincluding, but not limited to, wages due for time spent on pre-shift COVID-19 temperature checks and screenings; (2) derivative wage statement claims (Labor Code section 226); (3) derivative claims for penalties due to untimely payment of wages (Labor Code sections 204 and 210); (4) waiting time penalty claims for not paying all wages due on end of employment (Labor Code sections 201 – 203); (5) business expense reimbursement claims for work-related cell phone usage and gas mileage expenses in violation of Labor Code section 2802; (6) meal and rest periods claims in violation of Labor Code sections 512, 226.7 and Sections 11 and 12 of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, or applicable; Wage Order; (7) civil penalty claims based on facts occurring outside the Class Periodforegoing under California’s Private Attorney Generals Act (“PAGA”), Labor Code section 2699 et seq.; and (8) unfair competition claims based on the foregoing (Bus. & Prof. Code sections 17200 et seq.), and all primary rights associated with these listed claims (the “Released Claims”).

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and Defendants have AHF has fully funded the Gross Settlement Amount and separately paid all employer payroll taxes owedtaxes, 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 Defendants 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, and assigns, release Defendants and each and all of its present and former partners, parents Released Parties from (including Paramount Global), subsidiaries, affiliates, and related entities and all of their officers, directors, employees, agents, servants, registered representatives, attorneys, insurers, payroll companies, successors and assigns, and any other persons acting by through, under, or in concert with any of them (including any alleged joint employersi) (the “Released Parties”) from all claims that were alleged, or reasonably could have been alleged in connection with their employment on the production of the first, second, and/or third seasons of The L Word: Generation Qalleged, based on the Class Period facts stated in the operative pleading Operative Complaint and ascertained in this action the course of the Action including: (the “Operative Complaint”), including, e.g., a) any failure to pay and all wages due (including minimum wage and overtime wages), claims involving any alleged failure to pay for all hours worked, ; (b) any and all claims involving failure to pay minimum wage; (c) any and all claims for failure to reimburse for required business expenses; (d) any and all claims involving any alleged failure to properly provide meal or 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 timely pay wages and final wages, failure keep accurate records or to furnish accurate issue proper wage statements to employees; (including claims derivative and/or related to these claims), f) any claim for waiting time penalties under Labor Code section 203; and failure to provide expense reimbursements. This Release shall include (g) any and all claims and theories arising under the California Labor Code, the Fair Labor Standards Act, California wage orders, and applicable regulations, including California Labor Code sections 201, 201.5, 202, 203, 204, 210, 226, 226.7, 510, 512, 515, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 2802, as well as claims under for unfair business practices in violation of Business and Professions Code section sections 17200, et seq., based ; and (h) any and all claims under PAGA for civil penalties premised on alleged violations of the above Labor Code provisions, as facts alleged in the ActionPlaintiff’s operative complaint. Except as set forth in Paragraph 5.3 Section 6.1 and 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: Amended Class Action and Paga Settlement Agreement

Participating Class Members’ Release. After the Judgment is final and Defendants have Electro Adapter has fully funded the Gross Settlement Amount and separately paid all employer payroll taxes owedtaxes, 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 Defendants Electro Adapter 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 Defendants and each and all of its present and former partners, parents Released Parties from (including Paramount Global), subsidiaries, affiliates, and related entities and all of their officers, directors, employees, agents, servants, registered representatives, attorneys, insurers, payroll companies, successors and assigns, and any other persons acting by through, under, or in concert with any of them (including any alleged joint employersi) (the “Released Parties”) from all claims that were alleged, or reasonably could have been alleged in connection with their employment on the production of the first, second, and/or third seasons of The L Word: Generation Qalleged, based on the Class Period facts stated in the operative pleading in this action Operative Complaint including the (the “Operative Complaint”), including, e.g., any 1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) failure to provide meal periods or provide premium wages in lieu thereof; (4) failure to provide rest periods or provide premium wages in lieu thereof; (5) wage statement violations under Labor Code section 226, et seq.; (6) failure to timely pay all wages due at separation; (including minimum wage and overtime wages), failure to pay for all hours worked, failure to provide meal or rest periods, failure to timely pay wages and final wages, failure to furnish accurate wage statements (including claims derivative and/or related to these claims), and failure to provide expense reimbursements. This Release shall include all claims and theories arising under the California Labor Code, the Fair Labor Standards Act, California wage orders, and applicable regulations, including California Labor Code sections 201, 201.5, 202, 203, 204, 210, 226, 226.7, 510, 512, 515, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 2802, as well as claims under 7) unfair business practices in violation of Business and Professions Code section 17200, et seq., based . premised on alleged violations of the above claims; and violation of or liability under California Labor Code provisionsunder sections 201, as alleged in 202, 203, 204, 218.5, 218.6, 226, 226.3, 226.7, 510, 512, 516, 558, 1194, 1197, 1198, and the Actionrelevant Wage Orders issued by the Industrial Welfare Commission, and any and all related claims for attorneys’ fees and costs. Except as set forth in Paragraph Section 5.3 of this 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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