Common use of Participating Class Members’ Release Clause in Contracts

Participating Class Members’ Release. After the Judgment is final and Public Security has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Public Security for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, and extends to all claims for unpaid wages, premiums, restitution and civil and statutory penalties under the California Labor Code, Wage Orders, applicable regulations, and/or provisions of state law governing wages and hours of work that were brought or that could have been brought in the Class Period based on the claims asserted, including, but not limited to, claims for unpaid overtime wages, double time wages, meal period violations, rest break violations, untimely payment of wages, wages statement violations, necessary business expenditures, and unfair business practices pursuant to Business & Professions Code §17200 et seq., including but not limited to violations of California Labor Code Sections, 201, 202, 203, 204, 226, 226(a), 226 (e), 226.2, 226.7, 226.7(b), 510, 512(a), 1194, 1194.2, 1197, 1197.1, 1198, and 2802 (“Released Claims”)

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 Public Security has Defendants have fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Public Security 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 the 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, and extends to all including claims for unpaid wagesfailure to provide meal and rest breaks, premiumsfailure to pay for meal and rest break premiums pay in lieu thereof and at the correct rates paid for same, restitution and civil and statutory penalties under the California Labor Code, Wage Orders, applicable regulations, and/or provisions of state law governing pay overtime wages and the correct rates paid for same, pay minimum or regular wages for all hours of work that were brought or that could have been brought in the Class Period worked, pay timely wages during employment, pay all earned and accrued wages to discharged/separated employees, furnish accurate itemized wage statements, maintain required payroll records, and indemnify employees for business expenses, and based on the claims asserted, including, but not limited to, claims for unpaid overtime wages, double time wages, meal period violations, rest break violations, untimely payment of wages, wages statement violations, necessary business expenditures, and unfair business practices pursuant to Business & Professions Code §17200 et seq., including but not limited to violations of California Labor Code Sectionssections 200-204, 201208, 202210, 203, 204218.6, 226, 226(a)226.2, 226 (e), 226.2226.3, 226.7, 226.7(b), 510, 512(a)512, 558, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 1199, 2802, or Industrial Welfare Commission Order #4, or Business and 2802 Professions Code section 17200, et seq., which are premised on the same allegations, and Cal. Code Regs., tit. 8, section 11090 (the “Released Class Claims”). 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 Public Security Ansible has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Public Security Ansible or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative ComplaintComplaint and ascertained in the course of the Action, including any and extends to all claims involving: (1) failing to pay for unpaid wages, premiums, restitution and civil and statutory penalties under the California all hours worked including overtime hours worked (Cal. Labor Code, Wage Orders, applicable regulations, and/or provisions of state law governing wages and hours of work that were brought or that could have been brought in the Class Period based on the claims asserted, including, but not limited to, claims for unpaid overtime wages, double time wages, meal period violations, rest break violations, untimely payment of wages, wages statement violations, necessary business expenditures, and unfair business practices pursuant to Business & Professions Code §17200 et seq.204, including but not limited 206, 206.5, 207, 210, 216, 218, 218.6, 221, 223, 510, 558, 1194, 1197, 1197.1, 1198); (2) failing to violations pay overtime at regular rate of California pay (Cal. Labor Code Sections§200, 204, 206, 206.5, 207, 210, 216, 218, 218.6, 221, 223, 510, 558, 1194, 1197, 1197.1, 1198); (3) failing to pay wages due upon termination (Cal. Labor Code §201, 202, 203, 204, 256); (4) failing to provide rest breaks (Cal. Labor Code §226, 226(a), 226 (e), 226.2, 226.7, 226.7(b)512, 510, 512(a), 1194, 1194.2, 1197, 1197.1558, 1198); (5) failing to provide uninterrupted meal breaks (Cal. Labor Code §226, 226.7, 512, 558, 1198); (6) failing to reimburse for required business expenses (Cal. Labor Code 1198, 2802); (7) failing to provide accurate wage statements and 2802 maintain accurate records (“Released Claims”Cal. Labor Code §226, 1174, 1174.5); and (8) unlawful and unfair business practices (Bus. & Prof. Code §17200, et. seq.). 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 Public Security Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the frox xhe Class SettlementSettlxxxnt, you cannot sue, continue to sue, or be part of any other lawsuit against Public Security 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 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 the 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, and extends to all including claims for unpaid overtime; minimum wages, ; meal period premiums, restitution ; rest break premiums; vested vacation; wage statements; waiting time penalties; expense reimbursement; and civil and statutory penalties under the California Labor Code, Wage Orders, applicable regulations, and/or provisions of state law governing wages and hours of work that were brought or that could have been brought in the Class Period based on the claims asserted, including, but not limited to, claims for unpaid overtime wages, double time wages, meal period violations, rest break violations, untimely payment of wages, wages statement violations, necessary business expenditures, and unfair business practices pursuant to Business & Professions Code §17200 et seq., including but not limited to violations of California Labor Code Sectionssections 200, 201201- 204, 202204.1, 203208, 204210, 218.6, 221, 222, 223, 226, 226(a), 226 (e), 226.2226.3, 226.7, 226.7(b)227.3, 246, 256, 510, 512(a)512, 558, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 2802, IWC Wage Order 9, including §§ 3(A), 4, 3(A), 11, 12, or Industrial Welfare Commission Order #4, or Business and 2802 Professions Code section 17200, et seq., which are premised on the same allegations, and Cal. Code Regs., tit. 8, section 11090 (the “Released Class Claims”). The operative release period for the Released Claims”)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

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Participating Class Members’ Release. After the Judgment is final and Public Security has Defendants have fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Public Security for wages Defendants or their related entities based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and claims resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts factual allegations stated in the Operative ComplaintSecond Amended Complaint filed March 8, 2023, and extends to all claims for unpaid wages, premiums, restitution and civil and statutory penalties under the California Labor Code, Wage Orders, applicable regulations, and/or provisions of state law governing wages and hours of work that were brought or that could have been brought ascertained in the Class Period based on course of the claims assertedActions, including, but not limited to1) failure to reimburse business expenses, claims for unpaid Labor Code Sections 2802, 2804 (Class I Members), 2) failure to pay all wages, Labor Code §§1194, 1194.2, 510 (Class II Members), 3) failure to pay overtime wages, double time wagesLabor Code §§1194, 510 (Class II Members), 4) meal period violations, Labor Code §§512, 226.7 (Class II Members), 5) rest break period violations, untimely payment of wagesLabor Code §226.7 (Class II Members), wages statement 6) failure to provide accurate itemized wage statements, Labor Code §226 (Class II Members), 7) failure to provide sick pay, Labor Code §246 (Class II Members), 8) waiting time penalties, Labor Code §§201-203 (Class II Members), and 9) Unfair Competition Law violations, necessary business expenditures, and unfair business practices pursuant to Business Bus. & Professions Prof. Code §17200 § 17200, et seq. (Class I and Class II Members)., including but not limited to violations of California Labor Code Sections, 201, 202, 203, 204, 226, 226(a), 226 (e), 226.2, 226.7, 226.7(b), 510, 512(a), 1194, 1194.2, 1197, 1197.1, 1198, and 2802 (“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 Public Security Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Public Security Defendant or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, and extends to all claims for unpaid wages, premiums, restitution and civil and statutory penalties under the California Labor Code, Wage Orders, applicable regulations, and/or provisions of state law governing wages and hours of work that were brought or that could have been brought in the Class Period based on the claims assertedComplaints, including, but not limited to, to claims for unpaid overtime wages, double time wages, meal period violations, rest break violations, untimely payment of wages, wages statement violations, necessary business expenditures, and unfair business practices pursuant to Business & Professions Code §17200 et seq., including but not limited to violations of under California Labor Code Sections, §§ 201, 202, 203, 204, 226210, 226(a), 226 (e)226.2, 226.2226.3, 226.7, 226.7(b)256,432, 510, 512(a512, 558(a), 558.1, 1174, 1174.5, 1175, 1182.2, 1194, 1194.21194.5, 1197, 1197.1, 1198, 1198.5, 1199, and 2802 (“Released Claims”)2802. Except as set forth in Section 5.3 of the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts occurring outside the Class Period of March 16, 2018 through January 9, 2024.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

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