Release by Participating Class Members Who Are Not Aggrieved Employees. 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. 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 Who Are Not Aggrieved Employees. 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. 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 Who Are Not Aggrieved Employees. 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 any and all claims for:
Release by Participating Class Members Who Are Not Aggrieved Employees. 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 including, statutory, constitutional, contractual, and/or common law claims for wages, reimbursements, damages, penalties (including penalties under the California Labor Code’s Private Attorneys General Act of 2004, as amended, California Labor Code section 2698, et seq.), liquidated damages, interest, attorneys’ fees, litigation costs, restitution, or equitable relief, including without limitation, California Labor Code sections 201, 202, 203, 204, 210, 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. 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 Who Are Not Aggrieved Employees. 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, e.g., “(a) any and all claims involving any alleged 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, failure to pay all wages upon separation, and violation of Business and Profession code. 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 Who Are Not Aggrieved Employees. Upon the final approval by the Court of this Settlement Agreement, and except as to such rights or claims as may be created by this Settlement Agreement, and only after the settlement has been fully funded, all Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Defendants KellyToy USA, Inc., Kellytoy Worldwide, Inc., Xxxxxxxx Xxxxx, Xxxxxx Xxxxx, and all of their past, present, and future owners, officers, directors, agents, employees, attorneys, insurers, re-insurers, parent companies, subsidiaries, affiliated or related entities, shareholders, partners, agents, investors, representatives, and all of their respective successors and assigns (including, but not limited to, Xxxxx Xxxx Holdings, LLC, Xxxxx Amusement Holding, LLC, and Jazwares, LLC) (collectively “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 any state or federal claims relating to the failure to pay wages and overtime, failure to provide meal or rest breaks, failure to provide accurate and complete wage statements, failure to keep requisite payroll records, failure to timely pay employees during employment or at termination, failure to reimburse employees for business expenses, unfair competition, waiting time penalties, interest, attorney’s fees, or any other claim not presented in the operative complaint but are based on the facts alleged in the operative complaint (“Released Claims”). 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 Who Are Not Aggrieved Employees. For the duration of the Class Period, 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, including claims for unpaid minimum wages; unpaid overtime wages; failure to provide meal periods or pay premium wages in lieu thereof; failure to provide rest periods or pay premium wages in lieu thereof; failure to furnish accurate itemized wage statements; failure to pay timely wages; failure to pay all final wages due upon termination; failure to maintain accurate time and pay records; and unfair competition. For the avoidance of doubt, the Released Class Claims covered by this Agreement include claims for violation of California Labor Code §§ 201-204, 226, 226.7, 510, 512, 558, 558.1, 1194, 1194.2, and 1197; all related provisions of the California Industrial Welfare Commission Wage Orders; and California Business and Professions Code §§ 17200 et seq.; and any and all remedies available on any of the foregoing claims, including without limitation, compensatory damages, wages, penalties, liquidated damages, interest, costs, attorneys’ fees, restitution, declaratory relief, and injunctive relief. 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 California 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 Who Are Not Aggrieved Employees. All Participating Class Members, on behalf of themselves and their 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 facts contained in and Labor Code sections cited in the Operative Complaint for both matters and PAGA Notice and that occurred during the Class Period, which include, but are not limited to, claims based on rounding to time entries and failure to include all forms of compensation in the regular rate of pay. Except as set forth in Section E.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 Who Are Not Aggrieved Employees. 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. Except as set forth in Section 7.3 of this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the FEHA, unemployment insurance, disability, social security, workers’ compensation, wage claims, or claims based on facts occurring outside the Class Period.
Release by Participating Class Members Who Are Not Aggrieved Employees. 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, e.g., failure to pay all straight time wages, failure to pay all overtime wages, failure to provide meal periods, failure to authorize and permit rest periods, failure to adopt a compliant sick pay policy, failure to comply with itemized employee wage statement provisions, failure to pay all wages due at the time of termination, failure to reimburse/illegal deductions, and violation of the Unfair Competition Law. This release will be for the Class Period. 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.
