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 alleged in the Operative Complaint along with related claims that could have been alleged based on the facts alleged in the Operative Complaint including: (1) claims for unpaid wages (including but not limited to overtime pay, minimum wage, regular wages, missed meal period premium pay, missed rest period premium pay, failure to pay wages of terminated or resigned employees, or other benefits), unpaid reimbursement, and claims for interest, penalties, or premiums in connection therewith, as well as any claims under the California Labor Code, any applicable California Wage Order(s); (2) claims for failure to comply with the employee itemized wage statement provision under California Labor Code section 226; (3) claims for failure to provide or make available meal and rest periods as required under California Labor Code section 512 and IWC Wage Orders; (4) penalties for violations of the California Labor Code; (5) violation of California Business and Professions Code Section 17200, et seq.; and (6) all other claims under California common law, the California Labor Code, California Wage Orders, the California Business and Professions Code, set forth in the Operative Complaint including alleged violation of California Labor Code sections 201-204, 206, 210, 218.6, 226, 226.3, 226.7, 226.8, 510, 512, 558, 1174, 1174.5, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 2698 et seq., 2699, 2699.3, 2699.5, 2800, 2802, California Civil Code sections 1021.5, 3287, 3288, California Business and Professions Code sections 17000 and 17200 et. seq., the relevant Wage Orders issued by the Industrial Welfare Commission, or any other claim for any statutory or civil penalty that have been, or could have been, asserted based on the facts alleged in the Operative Complaint under California law that arise from the allegations as pled including claims for damages, reimbursement, restitution, losses, declaratory relief, liquidated damages or similar relief. The Final Judgment shall cover and bar each and every Participating Class Member from asserting any Released Claims in the future. XXXX claims include the underlying claims alleged in the PAGA notice letter - will be released, and PAGA Members will be entitled to their portion of the PAGA Payment, regardless of whether or not the Participating Class Member opts-out or excludes him or herself from the Class. 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,
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 alleged in the Operative Complaint along with related claims that were alleged, or reasonably could have been alleged alleged, based on the Class Period facts alleged stated in the Operative Complaint including: (1) , statutory, constitutional, contractual, and/or common law claims for unpaid wages wages, reimbursements, damages, penalties (including but not limited to overtime pay, minimum wage, regular wages, missed meal period premium pay, missed rest period premium pay, failure to pay wages of terminated or resigned employees, or other benefits), unpaid reimbursement, and claims for interest, penalties, or premiums in connection therewith, as well as any claims penalties under the California Labor Code’s Private Attorneys General Act of 2004, any applicable California Wage Order(s); (2) claims for failure to comply with the employee itemized wage statement provision under as amended, California Labor Code section 226; (3) claims for failure to provide or make available meal and rest periods as required under California Labor Code section 512 and IWC Wage Orders; (4) penalties for violations of the California Labor Code; (5) violation of California Business and Professions Code Section 172002698, et seq.; and (6) all other claims under California common law), the California Labor Codeliquidated damages, California Wage Ordersinterest, the California Business and Professions Codeattorneys’ fees, set forth in the Operative Complaint litigation costs, restitution, or equitable relief, including alleged violation of without limitation, California Labor Code sections 201-, 202, 203, 204, 206210, 210218, 218.5, 218.6, 226, 226.3, 226.6, 226.7, 226.8227.3, 510, 512, 558, 558.1, 1174, 1174.5, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 2698 et seq., 26992698, 2699.3, 2699.5, 2800, 2802, California Civil Code sections 1021.5, 3287, 3288, California Business and Professions Code sections 17000 and 17200 et. section 17200, et seq., the relevant any IWC Wage Orders issued by the Industrial Welfare Commission, or any other claim for any statutory or civil penalty that have been, or could have been, asserted based on the facts alleged (as codified in the Operative Complaint under California law that arise from the allegations as pled including Code of Regulations), any and all claims for damagesinvolving any alleged failure to pay minimum wages, reimbursementfailure to pay wages owed, restitutionfailure to provide compliant meal breaks, lossesfailure to provide compliant paid rest periods, declaratory reliefwage statement violations, liquidated damages or similar relief. The Final Judgment shall cover and bar each and every Participating Class Member from asserting any Released Claims in the future. XXXX claims include the underlying claims alleged in the PAGA notice letter - will be releasedcontinuation wages, and PAGA Members will be entitled to their portion of the PAGA Payment, regardless of whether or not the Participating Class Member opts-out or excludes him or herself from the Classunpaid vacation wages. Except as set forth in Section 6.3 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.
Appears in 1 contract
Samples: Settlement Agreement
Release by Participating Class Members Who Are Not Aggrieved Employees. All Upon entry Final Judgment and funding of the Gross Settlement Amount, 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 rights, demands, liabilities, and causes of action alleged in the Operative Complaint along with related claims Action or that could have been alleged based on the facts alleged in the Operative Complaint including: (1) claims for unpaid wages (Action arising during the Class Period, including but not limited to overtime pay, minimum wage, regular wages, missed meal period premium pay, missed rest period premium pay, failure to pay wages of terminated or resigned employees, or other benefits), unpaid reimbursement, and claims for interest, penalties, or premiums in connection therewith, as well as any claims under the California Labor Code, any applicable California Industrial Welfare Commission Wage Order(s); (2) claims Orders, regulations, and/or other provisions of law, for failure to comply with the employee itemized wage statement provision under California Labor Code section 226; (3) claims for unpaid overtime, failure to provide or make available meal and rest periods as required and associated 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 section 512 and IWC Wage Orders; (4) penalties for violations of the California Labor Code; (5) violation of California Business and Professions Code Section 17200, et seq.; and (6) all other claims under California common law, the California Labor Code, California Wage Orders, the California Business and Professions Code, set forth in the Operative Complaint including alleged violation of California Labor Code sections 201-, 202, 203, 204, 206, 210, 218.6, 226, 226.3, 226.7, 226.8, 510501, 512, 558, 1174, 1174.5, 1182.12, 1194, 1194.2, 1197, 1197.1, 11982800 and 2802, 1199and derivative claims for unfair or unlawful business practices under California Business & Professions Code section 17200, 2698 et seq., 2699, 2699.3, 2699.5, 2800, 2802, California Civil Code sections 1021.5, 3287, 3288, California Business and Professions Code sections 17000 and 17200 et. seq., the relevant Wage Orders issued by the Industrial Welfare Commission, or any other claim for any statutory or civil penalty that have been, or could have been, asserted based on the facts alleged in the Operative Complaint under California law that arise from the allegations as pled including claims for damages, reimbursement, restitution, losses, declaratory relief, liquidated damages or similar relief. The Final Judgment shall cover and bar each and every Participating Class Member from asserting any Released Claims in the future. XXXX claims include the underlying claims alleged in the PAGA notice letter - will be released, and PAGA Members will be entitled to their portion of the PAGA Payment, regardless of whether or not the Participating Class Member opts-out or excludes him or herself from the Class. Except as set forth in Section 6.3 5.4 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
Appears in 1 contract
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 alleged in the Operative Complaint along with related claims that could have been alleged based on the facts alleged in the Operative Complaint including: (1) claims for unpaid wages (including but not limited to overtime pay, minimum wage, regular wages, missed meal period premium pay, missed rest period premium pay, failure to pay wages of terminated or resigned employees, or other benefits), unpaid reimbursement, and claims for interest, penalties, or premiums in connection therewithComplaint, as well as any and all claims under (known or unknown) that were asserted or could have been asserted based on the California Labor Code, any applicable California Wage Order(s); (2) claims for failure to comply with the employee itemized wage statement provision under California Labor Code section 226; (3) claims for failure to provide or make available meal and rest periods as required under California Labor Code section 512 and IWC Wage Orders; (4) penalties for violations of the California Labor Code; (5) violation of California Business and Professions Code Section 17200, et seq.; and (6) all other claims under California common law, the California Labor Code, California Wage Orders, the California Business and Professions Code, set forth facts pled in the Operative Complaint (including those alleged violation in Plaintiffs’ Letters to the LWDA), or that arise out of the Operative Complaint, including, without limitation, claims that Defendant failed to provide meal periods; failed to provide rest periods; failed to pay hourly wages; required Class Members to work “off the clock”; failed to pay minimum wage; failed to pay overtime compensation; failed to provide accurate itemized wage statements; and failed to pay all wages due to discharged and quitting employees. The released claims include but are not limited to claims brought under California Labor Code sections 201-203, 204, 206, 210, 218.6, 226, 226.3226(a), 226.7, 226.8, 510, 512, 558, 1174558.1, 1174(d), 1174.5, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 2698 et seq., 2699, 2699.3et seq., 2699.5the applicable IWC Wage Orders, 2800and Section 17200 of the California Business and Professions Code. Such claims include claims for wages, 2802statutory penalties, civil penalties, or other relief under the California Civil Labor Code sections 1021.5and any other related state or municipal law, 3287, 3288, relief from unfair competition under California Business and Professions Code sections 17000 and section 17200 et. et seq., the relevant Wage Orders issued by the Industrial Welfare Commission, or ; attorneys’ fees and costs; and interest. This release excludes any other claim for any statutory or civil penalty current and/or future claims that have been, or could have been, asserted based on the facts alleged in the Operative Complaint under California law that arise from the allegations cannot be waived as pled including claims for damages, reimbursement, restitution, losses, declaratory relief, liquidated damages or similar relief. The Final Judgment shall cover and bar each and every Participating Class Member from asserting any Released Claims in the future. XXXX claims include the underlying claims alleged in the PAGA notice letter - will be released, and PAGA Members will be entitled to their portion a matter of the PAGA Payment, regardless of whether or not the Participating Class Member opts-out or excludes him or herself from the Classlaw. Except as set forth in Section 6.3 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.
Appears in 1 contract
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 alleged in the Operative Complaint along with related claims that were alleged, or reasonably could have been alleged alleged, based on the facts alleged stated in the Operative Complaint Complaints including: (1) , without limitation, statutory, constitutional, contractual, and/or common law claims for unpaid wages wages, reimbursements, damages, penalties (including but not limited to overtime pay, minimum wage, regular wages, missed meal period premium pay, missed rest period premium pay, failure to pay wages of terminated or resigned employees, or other benefits), unpaid reimbursement, and claims for interest, penalties, or premiums in connection therewith, as well as any claims penalties under the California Labor Code’s Private Attorneys General Act of 2004, any applicable California Wage Order(s); (2) claims for failure to comply with the employee itemized wage statement provision under as amended, California Labor Code section 226; (3) claims for failure to provide or make available meal and rest periods as required under California Labor Code section 512 and IWC Wage Orders; (4) penalties for violations of the California Labor Code; (5) violation of California Business and Professions Code Section 172002698, et seq.; and (6) all other claims under California common law), the California Labor Codeliquidated damages, California Wage Ordersinterest, the California Business and Professions Codeattorneys’ fees, set forth in the Operative Complaint litigation costs, restitution, or equitable relief, including alleged violation of without limitation, California Labor Code sections 200, 201-, 202, 203, 204, 206, 210, 216, 218, 218.5, 218.6, 221, 223, 225.5, 226, 226.3, 226.7, 226.8, 510, 512, 516, 558, 1174, 1174.5, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 2698 et seq., 2699, 2699.3, 2699.52698, 2800, 2802, California Civil Code sections 1021.5, 3287, 32882810.5, California Business and Professions Code sections 17000 and 17200 et. section 17200, et seq., the relevant any IWC Wage Orders issued by the Industrial Welfare Commission, or any other claim for any statutory or civil penalty that have been, or could have been, asserted based on the facts alleged (as codified in the Operative Complaint under California law that arise from the allegations as pled including Code of Regulations), any and all claims for damagesinvolving any alleged failure to pay minimum wages, reimbursementfailure to pay wages owed, restitutionfailure to provide compliant meal breaks, lossesfailure to provide compliant paid rest periods, declaratory reliefwage statement violations, liquidated damages or similar relief. The Final Judgment shall cover and bar each and every Participating Class Member from asserting any Released Claims in the future. XXXX claims include the underlying claims alleged in the PAGA notice letter - will be releasedcontinuation wages, and PAGA Members will be entitled to their portion of the PAGA Payment, regardless of whether or not the Participating Class Member opts-out or excludes him or herself from the Classunpaid vacation wages. Except as set forth in Section 6.3 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.
Appears in 1 contract
