Release by Participating Class Members. 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 the Released Class Claims.
Release by Participating Class Members. All Class Members who have not opted out will release and discharge Released Parties from all claims, demands, rights, liabilities and causes of action that were pled or which could have been pled in the Operative Complaint in the Action based on the factual allegations therein, that arose during the Class Period with respect to the following claims: (a) failure to pay wages for all hours worked at minimum wage; (b) failure to pay all overtime wages for daily overtime worked; (c) failure to pay overtime wages at the proper overtime rate; (d) failure authorize or permit meal periods; (e) failure to authorize or permit rest periods; (f) failure to indemnify employees for employment-related losses/expenditures; (g) failure to timely pay wages during employment; (h) failure to provide complete and accurate wage statements; (i) failure to timely pay all earned wages and final paychecks due at time of separation of employment; and (j) unfair business practices, et seq., that could have been premised on the facts, claims, causes of action or legal theories described above or in the Operative Complaint in the Action; and (k) violations of Labor Code sections 201, 202, 203, 204, 210, 218.5, 218.6, 226, 226.2, 226.7, 510, 512, 515, 1182.12, 1194, 1194.2, 1197, 1198, 2802 and 2698, et seq., and the Industrial Welfare Commission Wage Orders, including, but not limited to, IWC Wage Order No. 16, and claims under Business & Professions Code section 17200, et seq., that could have been sought based on the facts, claims, causes of action or legal theories described above and in the Operative Complaint in the Action. The Parties agree that this Release shall not become effective until after Defendant’s second payment of $255,000 six months after the Final Approval Order/Judgment has paid to the Settlement Administrator. All Class Members who have not opted and thereby release and discharge Released Parties will be deemed to have acknowledged and agreed that the Released Claims asserted in the Action are disputed and that California Labor Code § 206.5 is not applicable to their Individual Class Payment.
Release by Participating Class Members. 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 stated in the Operative Complaint and ascertained in the course of the Action including, violation of Labor Code sections 510 and 1198 (unpaid overtime), violation of Labor Code sections 226.7 and 512(a) (unpaid meal period premiums), violation of Labor Code section 226.7 (unpaid rest period premiums), violation of Labor Code sections 1194 and 1197 (unpaid minimum wages), violation of Labor Code sections 201 and 202 (final wages not timely paid), violation of Labor Code section 226(a) (non-compliant wage statements), violations of Labor Code sections 2800 and 2802 (unreimbursed business expenses), violation of Business & Professions Code section 17200, et seq.. Except as set forth in 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, or claims based on facts occurring outside the Class Period.
Release by Participating Class Members. All Participating Class Members release Released Parties from any and all claims, damages, and penalties alleged in the Operative Complaint and/or Plaintiff’s notice to the Labor Workforce Development Agency (“LWDA") and arising out of the facts in the Operative Complaint and/or notice to the LWDA during the Class Period, including, without limitation, claims for: (1) failure to pay all minimum wages, (2) failure to pay all overtime wages, (3) meal period violations, (4) rest period violations, (5) failure to reimburse business expenses, (6) untimely payment of wages, (7) wage statement violations, (8) waiting time penalties, (9) sick leave violations, (10) violations of the Unfair Competition Law, and (11) civil penalties under the Private Attorneys General Act. 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 outside of the Operative Complaint or outside the Class Period.
Release by Participating Class Members. 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 the Released Class Claims, as defined in Paragraph 1.41. Except as set forth in 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, or claims based on facts occurring outside the Class Period.
Release by Participating Class Members. 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 stated in the Operative Complaint, including, e.g., any and all claims involving: (1) any alleged failure to pay wages (including minimum wage); (2) any alleged failure to pay overtime compensation; (3) any alleged failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay wages due upon separation; and (7) any alleged unlawful, unfair, or fraudulent business actions or practices under Business and Professions Code §§ 17200, et seq. arising out of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. 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.
Release by Participating Class Members. 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 (1) all claims that were alleged in the Action and/or each complaint filed in this action (i.e., Operative Complaint) as to and/or arising during the Class Period and (2) all claims that could have been alleged in the Action and/or each complaint filed in this action (i.e., Operative Complaint) based on the facts alleged therein as to and/or arising during the Class Period. Except as set forth in 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.
Release by Participating Class Members. All Participating Class Members release and discharge the Released Parties from any and all claims, rights, demands, liabilities, and causes of action of every nature and description arising during the Class Period, including statutory, contractual, or common law claims for wages, damages, penalties, liquidated damages, interest, attorneys’ fees, litigation costs, restitution, injunctive or equitable relief, arising out of and based on the following categories of claims that were specifically alleged, could have been alleged, or are in substance the same as those specifically alleged in the Operative Complaint or reasonably related to the factual allegations pled therein, including: (a) failure to pay and/or appropriately calculate minimum, straight time, overtime, double time, or any other types of wages; (b) failure to provide compliant meal periods and/or pay meal period penalties; (c) failure to provide compliant rest breaks and/or pay rest break penalties; (d) failure to provide accurate wage statements; (e) inaccurate recordkeeping; (f) failure to pay timely wages; (g) failure to timely pay all wages due at termination, including claims for waiting time penalties; and (h) failure to reimburse business expenses. The Released Class Claims include all claims that arise under the California Labor Code, including under California Labor Code §§ 201, 202, 203, 204, 210, 221, 226, 226.3, 226.7, 510, 512, 558, 1194, 1194.2, 1197, 1197.1 and 1198, 2800, 2802; California Business and Professions Code §§ 17200 et seq.; any applicable California Industrial Welfare Commissions Wage Order; and any similar statutes, regulations, ordinances, and laws, to the extent such claims were pled, or could arise out of the facts pled, as part of the Action.
Release by Participating Class Members. 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 or claims stated in the Operative Complaint or in the PAGA Notice, whether those claims are known or unknown, suspected or unsuspected, including but not limited to all claims for any alleged or actual failure to provide proper, accurate, timely, adequately descriptive, or complete wage statements or pay stubs; any alleged or actual failure to timely, properly, or fully or completely pay, or any alleged or actual failure to properly calculate, any wages including but not limited to any minimum wages, regular wages, overtime premium wages, or meal or rest period premium wages; any alleged or actual failure to comply with meal or rest period requirements or requirements for recording meal or rest periods or work hours; any actual or alleged failure to timely pay all wages or compensation owed to a fired, quitting, or otherwise departing employee; or any alleged or actual failure to pay any interest, penalties, unfair business practices or attorneys’ fees owed as a result of any of the foregoing . Except as set forth in 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 or claims based on facts occurring outside the Class Period.
Release by Participating Class Members. 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 stated in the Operative Complaint and ascertained in the course of the Action including: (a) any and all claims involving any alleged failure to pay for all hours worked;
