Common use of Participating Class Members’ Release Clause in Contracts

Participating Class Members’ Release. After the Judgment is final and MV has paid all funds due under the Settlement, 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 MV 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 causes of action and factual or legal theories arising during the Class Period that were alleged in the Operative Complaint (or LWDA notice) or arise from facts alleged in the Operative Complaint (or LWDA notice), including all damages, penalties, interest and other amounts recoverable under said claims, causes of action or legal theories of relief, including but not limited to claims for failure to provide meal periods, failure to provide rest periods, failure to pay wages earned (including at the proper regular rate), failure to pay overtime, failure to indemnify business expenses, failure to provide accurate wage statements, failure to timely pay all final wages, unfair competition, civil penalties under PAGA, Labor Code sections 201, 202, 203, 204, 510, 512, 226, 226.7, 246, 1194, 1194.2, 2802, and 2699, Business and Professions Code section 17200 et seq., and Wage Order 9.

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 MV Defendant has fully funded the Gross Settlement and separately paid all funds due under the Settlementemployer 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 MV 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 Settlement’s release and release: All Participating Class Membersany and all claims, on behalf of themselves and their respective former and present representativesdebts, agentsliabilities, attorneysdemands, heirsobligations, administratorspenalties, successorsguarantees, and assignscosts, release Released Parties from all expenses, attorney’s fees, damages, action or causes of action and factual of whatever kind or legal theories arising during nature, whether known or unknown, contingent or accrued, that are alleged, or that reasonably could have arisen out of the Class Period that were alleged in the Operative Complaint (or LWDA notice) or arise from same facts alleged in the Operative Complaint Complaint, including: (or LWDA notice)1) failure to pay wages and/or overtime under Labor Code sections 510, including all damages1194, penalties, interest and other amounts recoverable under said claims, causes of action or legal theories of relief, including but not limited to claims for 1199; (2) failure to provide meal periods, breaks pursuant to Labor Code sections 226.7 and 512; (3) failure to provide rest periods, failure breaks pursuant to pay wages earned Labor Code section 226.7; (including at the proper regular rate), failure to pay overtime, failure to indemnify business expenses, 4) failure to provide accurate itemized wage statements, failure statements pursuant to timely pay all final wages, unfair competition, civil Labor Code section 226(a); (5) penalties under PAGA, Labor Code sections 201, 202, section 203, 204, 510, 512, 226, 226.7, 246, 1194, 1194.2, 2802, and 2699, ; (6) violation of Business and & Professions Code section 17200 et seq17200; and (7) penalties pursuant to Labor Code section 2699 (“PAGA”) based upon the alleged violations enumerated in the Operative Complaint., and Wage Order 9.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and MV Me Gusta has fully funded the Gross Settlement and separately paid all funds due under the Settlementemployer 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 MV 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 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 causes of action and factual claims that were alleged, or legal theories arising during reasonably could have been alleged, based on the Class Period that were alleged facts, legal theories, and/or claims stated in the Operative Complaint (or LWDA notice) or arise from facts alleged and ascertained in the Operative Complaint (or LWDA notice)course of the Action, including any and all damages, penalties, interest claims involving any alleged (1) failure to pay wages including minimum wage and other amounts recoverable under said claims, causes of action or legal theories of relief, including but not limited overtime; (2) failure to claims for provide rest periods; (3) failure to provide meal periods, failure to provide rest periods, ; (4) failure to pay wages earned due at separation of employment; (including at the proper regular rate), 5) failure to pay overtime, failure to indemnify reimburse for business expenses, failure to provide accurate wage statements, failure to timely pay all final wages, unfair competition, civil penalties under PAGA, Labor Code sections 201, 202, 203, 204, 510, 512, 226, 226.7, 246, 1194, 1194.2, 2802, and 2699, expenditures; (6) violation of Business and Professions Code section 17200 et seq., and Wage Order 9.. (unfair competition law);

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Participating Class Members’ Release. After the Judgment is final and MV Defendant has fully funded the Gross Settlement and separately paid all funds due under the Settlementemployer 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 MV 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 causes of action and factual claims that were alleged, or legal theories arising during reasonably could have been alleged, based on the Class Period that were alleged facts stated in the Operative Complaint (or LWDA notice) or arise from facts alleged and ascertained in the Operative Complaint course of the Action including: (or LWDA notice), including all damages, penalties, interest and other amounts recoverable under said claims, causes a) violation of action or legal theories of relief, including but not limited to claims for failure to provide meal periods, failure to provide rest periods, failure to pay wages earned (including at the proper regular rate), failure to pay overtime, failure to indemnify business expenses, failure to provide accurate wage statements, failure to timely pay all final wages, unfair competition, civil penalties under PAGA, Labor Code sections 201, 202, 203, 204, 510, 512, 226, 226.7, 246, 1194, 1194.2, 2802, 510 and 2699, Business 1198 (unpaid overtime); (b) violation of Labor Code sections 226.7 and Professions 512(a) (unpaid meal period premiums); (c) violation of Labor Code section 17200 et seq., 226.7 (unpaid rest period premiums); (d) violation of Labor Code sections 1194 and Wage Order 9.1197 (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); (g) violation of Labor Code sections 2800 and 2802 (unreimbursed business expenses); and

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 MV Defendant has fully funded the Gross Settlement (and separately paid all funds due under the Settlementemployer 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 MV 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 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 and factual of whatever kind or legal theories arising during nature, whether known or unknown, contingent or accrued, that are alleged, or that reasonably could have arisen out of the Class Period that were alleged in the Operative Complaint (or LWDA notice) or arise from same facts alleged in the Operative Complaint Action, including: (or LWDA notice), including all damages, penalties, interest and other amounts recoverable under said claims, causes of action or legal theories of relief, including but not limited to claims for failure to provide meal periods, failure to provide rest periods, 1) failure to pay wages earned (including at the proper regular rate), failure to pay overtime, failure to indemnify business expenses, failure to provide accurate wage statements, failure to timely pay all final wages, unfair competition, civil penalties and/or overtime under PAGA, Labor Code sections 201, 202, 203, 204, 510, 512, 226, 226.7, 246, 1194, 1194.2, 2802, and 2699, Business 1199; (2) failure to provide meal breaks pursuant to Labor Code sections 226.7 and Professions 512; (3) failure to provide rest breaks pursuant to Labor Code section 17200 et seq., and Wage Order 9.226.7; (4) failure to provide accurate itemized wage statements pursuant to Labor Code section 226(a);

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

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