Release by Non-Participating Class Members Who Are Aggrieved Employees. All Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint, and the PAGA Notice.
Release by Non-Participating Class Members Who Are Aggrieved Employees. All Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint, and the PAGA Notice and ascertained in the course of the Action, including any and all claims for: (1) failure to pay minimum and straight time wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to authorize and permit rest periods; (5) failure to timely pay final wages at termination; (6) failure to provide accurate itemized wage statements; and (7) failure to indemnify expenditures.
Release by Non-Participating Class Members Who Are Aggrieved Employees. All Non- Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the facts stated in the Operative Complaint and the PAGA Notice including California Labor Code sections 201, 202, 203, 204, 210, 216, 218, 218.5, 218.6, 226, 226.3, 226.6, 226.7, 227.3, 510, 512, 558, 558.1, 1174, 1194, 1194.2, 1199, 2698, 2699.3, 2699.5, California Business and Professions Code section 17200, et seq., any IWC Wage Orders (as codified in the California Code of Regulations), any and all claims involving any alleged failure to pay minimum wages, failure to pay wages owed, failure to provide compliant meal breaks, failure to provide compliant paid rest periods, wage statement violations, continuation wages, and unpaid vacation wages.
Release by Non-Participating Class Members Who Are Aggrieved Employees. All Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint[,] [and] the PAGA Notice [and ascertained in the course of the Action][including, e.g., “(a) any and all claims involving any alleged failure to pay minimum wage; etc.].
Release by Non-Participating Class Members Who Are Aggrieved Employees. All Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint, and the PAGA Notice, and ascertained in the course of the Action, including, Defendants’ failure to provide rest periods and meal periods as required by law; failure to compensate Plaintiff and Class Members at the required rate for each occasion in which Defendant failed to provide rest and meal breaks; failure to pay minimum wage and overtime wages; failure to pay for sick days, failure to reimburse for business expenses, failure to keep accurate payroll records, such that Plaintiff and Class Members were given wage statements that did not accurately reflect all the hours worked and all wages earned; and failure to pay wages due upon separation.
Release by Non-Participating Class Members Who Are Aggrieved Employees. All Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint, and the PAGA Notice, including but not limited to, failure to pay minimum wage, failure to pay overtime wages, failure to provide meal periods, failure to provide rest periods, failure to pay timely wages during employment, failure to issue accurate paystubs, failure to maintain accurate payroll records, failure to pay sick pay, and failure to pay all wages upon separation.
Release by Non-Participating Class Members Who Are Aggrieved Employees. Upon the date when Defendant fully funds the entire Gross Settlement Amount and funds all employer payroll taxes owed on the Wage Portion of the Individual Class Payments, all Non-Participating Class Members who are Aggrieved Employees are deemed to release the Released Parties from all claims as pled in the Complaint, and any further amended pleadings as necessary, for violation of California Labor Code section 2698, et seq. (“PAGA”) based on the allegations in the operative Complaint, as well as any and all PAGA claims that were asserted or could have been asserted based on the factual allegations contained in the Complaint, or any amended complaints. This also includes, but is not limited to, any and all PAGA claims alleged or that could have been alleged based on the facts of Plaintiff's Complaint or any amended complaint, including but not limited to claims for civil penalties under Labor Code section 2698, et seq., Labor Code sections 201, 202, 203, 204, 210, 226, 226.7, 246, 510, 512, 558, 1174, 1174.5 1182.12, 1194, 1194.2 1197, 1197.1, 1198, 2800, 2802, and all applicable IWC Wage Orders. There shall be no right to opt-out of the Settlement for members of the PAGA Group and the Judgment on this Settlement will have res judicata effect as to the PAGA claim for all members of the PAGA Group. Moreover, this Agreement shall be effective to adjudicate and release the claims and/or rights of the LWDA to recover civil penalties against Defendant for Labor Code or Wage Order violations suffered by any of the PAGA Group members which are premised upon the facts and allegations in the Complaint, or any amended complaint, as well as any and all claims for civil penalties that were asserted or could have been asserted based on the factual allegations contained in the Complaint, or any amended complaint (i.e., the Judgment on this Settlement will have res judicata effect as to those claims of the LWDA, whether pursued directly by the LWDA or by a representative pursuant to PAGA). For Plaintiff, the members of the PAGA Group, and the LWDA, the PAGA Release shall include all released claims from November 8, 2020 through August 31, 2023 (“PAGA Group Release Period”).
Release by Non-Participating Class Members Who Are Aggrieved Employees. All Non- Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors and assigns, the Released Parties from all claims for PAGA penalties arising during the PAGA Period, April 12, 2021, to the date of Preliminary Approval or January 29, 2024, whichever date occurs first that were alleged, or reasonably could have been alleged, based on facts stated in the Operative Complaint, and all such claims will be precluded by the Judgment.
Release by Non-Participating Class Members Who Are Aggrieved Employees. All Non- Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims, rights, demands, liabilities and causes of actions for civil penalties under the California Labor Code Private Attorneys General Act of 2004, Cal. Labor Code §§ 2698, et seq. arising during the PAGA Period, based on the facts and legal theories contained the PAGA Notice, including claims for civil penalties based on unpaid overtime, failure to provide rest periods and associate premium wages, failure to provide meal periods and associated premium wages, unpaid minimum wages, failure to timely pay final wages, failure to timely pay wages during employment, failure to keep requisite payroll records, and failure to reimburse business expenses, including violations under California Labor Code sections 201, 202, 203, 204, 226, 226.7, 501, 512, 1174, 1194, 1197, 1197.1, 2800 and 2802 and the Industrial Welfare Commission Orders
Release by Non-Participating Class Members Who Are Aggrieved Employees. All Non-Participating Class Members who are Aggrieved Employees are deemed to re- lease, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and the PAGA Notice, and could have been ascertained in the course of the Action including:
