Common use of Participating Class Members’ Release Clause in Contracts

Participating Class Members’ Release. After the Judgment is final and 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 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 Settlement’s release and release: any and all claims, debts, liabilities, demands, obligations, penalties, guarantees, costs, expenses, attorney’s fees, damages, action or causes of action of whatever kind or nature, whether known or unknown, contingent or accrued, that are alleged, or that reasonably could have arisen out of the same facts alleged in the Operative Complaint, including: (1) failure to pay wages and/or overtime under Labor Code sections 510, 1194, and 1199; (2) failure to provide meal breaks pursuant to Labor Code sections 226.7 and 512; (3) failure to provide rest breaks pursuant to Labor Code section 226.7; (4) failure to provide accurate itemized wage statements pursuant to Labor Code section 226(a); (5) penalties under Labor Code section 203; (6) violation of Business & Professions Code section 17200; and (7) penalties pursuant to Labor Code section 2699 (“PAGA”) based upon the alleged violations enumerated in the Operative Complaint.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

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Participating Class Members’ Release. After the Judgment is final and 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 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 Settlement’s release and following release: any 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, debts, liabilities, demands, obligations, penalties, guarantees, costs, expenses, attorney’s fees, damages, action or causes of action of whatever kind or nature, whether known or unknown, contingent or accrued, claims that are were alleged, or that reasonably could have arisen out of been alleged, based on the same Class Period facts alleged stated in the Operative Complaint, Complaint and ascertained in the course of the Action including: (1a) failure to pay wages and/or overtime under violation of Labor Code sections 510, 1194, 510 and 11991198 (unpaid overtime); (2b) failure to provide meal breaks pursuant to violation of Labor Code sections 226.7 and 512512(a) (unpaid meal period premiums); (3c) failure to provide rest breaks pursuant to violation of Labor Code section 226.7226.7 (unpaid rest period premiums); (4d) failure to provide accurate itemized wage statements pursuant to violation of Labor Code sections 1194 and 1197 (unpaid minimum wages); (e) violation of Labor Code sections 201 and 202 (final wages not timely paid); (f) violation of Labor Code section 226(a) (non-compliant wage statements); (5) penalties under Labor Code section 203; (6g) violation of Business & Professions Code section 17200; and (7) penalties pursuant to Labor Code section 2699 sections 2800 and 2802 (“PAGA”) based upon the alleged violations enumerated in the Operative Complaint.unreimbursed business expenses); and

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and 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 Defendant or related entities for wages based on the Class Settlement Period facts and PAGA penalties based on PAGA Settlement Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the Settlement’s release and 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) any and all claims, debts, liabilities, demands, obligations, penalties, guarantees, costs, expenses, attorney’s fees, damages, action or causes of action of whatever kind or nature, whether known or unknown, contingent or accrued, that are alleged, or that reasonably could have arisen out of the same facts alleged in the Operative ComplaintAction, including: (1) failure to pay wages and/or overtime under Labor Code sections 510, 1194, 1194.2, and 1199; (2) failure to provide meal breaks pursuant to Labor Code sections 226.7 and 512; (3) failure to provide rest breaks pursuant to Labor Code section 226.7; (4) failure to provide accurate itemized wage statements pursuant to Labor Code section 226(a); (5) penalties under Labor Code section 203; (6) violation of Business & Professions Code section 17200; and (7) penalties pursuant to Labor Code section 2699 (“PAGA”) based upon the alleged violations enumerated in the Operative Complaint.;

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

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Participating Class Members’ Release. After the Judgment is final and Defendant Me Gusta 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 Defendant Me Gusta 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 Settlement’s release and following release: All Participating Class Members, including those who are not Aggrieved Employees, 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, legal theories, and/or claims stated in the Operative Complaint and ascertained in the course of the Action, including any and all claims, debts, liabilities, demands, obligations, penalties, guarantees, costs, expenses, attorney’s fees, damages, action or causes of action of whatever kind or nature, whether known or unknown, contingent or accrued, that are alleged, or that reasonably could have arisen out of the same facts claims involving any alleged in the Operative Complaint, including: (1) failure to pay wages and/or overtime under Labor Code sections 510, 1194, including minimum wage and 1199overtime; (2) failure to provide meal breaks pursuant to Labor Code sections 226.7 and 512rest periods; (3) failure to provide rest breaks pursuant to Labor Code section 226.7meal periods; (4) failure to provide accurate itemized wage statements pursuant to Labor Code section 226(a)pay wages due at separation of employment; (5) penalties under Labor Code section 203failure to reimburse for business expenditures; (6) violation of Business & and Professions Code section 17200; and 17200 et seq. (7) penalties pursuant to Labor Code section 2699 (“PAGA”) based upon the alleged violations enumerated in the Operative Complaint.unfair competition law);

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

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