Common use of Release by Participating Class Members Clause in Contracts

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 Upon entry of the final judgment and funding of the Gross Settlement Amount, all Participating Class Members who have not opted out will Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release and discharge Released Parties from all claims, demands, rights, liabilities wage and causes of action hour claims that were pled alleged or which reasonably could have been pled alleged, based on the facts alleged in the Operative Complaint in the Action based on the factual allegations thereinrelating to wage and hour claims including but not limited to any and all claims involving any alleged unpaid overtime and/or minimum wage under Labor Code sections 510, that arose during the Class Period with respect 1194, 1197, 1197.1 and 1198, failure to the following claims: (a) provide meal and rest periods pursuant to Labor Code sections 204, 226.7, 510,512, and 1198, alleged unreimbursed business expenses under Labor code section 2802, alleged failure to provide and maintain accurate records violations under Labor Code sections 226(a)/(f)/(h),, alleged failure to pay wages for all hours worked at minimum wage; (b) during employment under Labor Code sections 204, 210, alleged 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 after under employment 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 alleged violation of California Business & Professions Code section 17200, 17200 et seq.. (Unfair Competition Law) arising from the labor code violations listed hereinabove from August 6, that could have been sought based on 2016 to September 23, 2022 (“Class Period”). This release will be as to the factsReleased Parties, claimswhich shall include EdNet Career Institute (dba Xxxxxxxx Private Security), causes and each of action or legal theories described above its former and in the Operative Complaint in the Actionpresent directors, officers, shareholders, owners, members, attorneys, insurers, predecessors, successors, assigns, subsidiaries and/or affiliates. The Parties agree that this Release release shall not become be effective until after Defendant’s second payment of $255,000 six months after the Final Approval Order/Judgment has paid with respect to the Settlement Administrator. All Class Members who have do not opted validly opt-out of the Class Settlement, who worked for Defendant during the Class Period. The release shall be effective upon final approval of the Class Settlement and thereby funding in full of the Fund by Defendant. 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 discharge Released Parties will be deemed to have acknowledged and agreed that Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts occurring outside the Released Claims asserted in the Action Class Period. This release expressly excludes PAGA penalties, which are disputed and that California Labor Code § 206.5 is not applicable to their Individual Class Paymentseparately released hereinbelow.

Release by Participating Class Members. All In consideration for their awarded Individual Settlement Payments, as of the date the Settlement becomes Final, all Class Members (other than those Class Members who have timely and validly elected not opted out will to participate in the Settlement) on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release and discharge Xxxxxxx, and all of its former and present parents, subsidiaries, and affiliates, and their current and former officers, directors, employees, partners, shareholders and agents, and the predecessors and successors, assigns, and legal representatives of all such entities and individuals (“Released Parties Parties”) from (i) all claims, demands, rights, liabilities and causes of action claims that were pled alleged, or which reasonably could have been pled in the Operative Complaint in the Action alleged, under state or federal law, based on the factual allegations therein, that arose facts stated in the operative complaint during the Class Covered Period with respect to and ascertained in the following claims: course of the Action including claims for (a) failure to pay wages for all hours worked at minimum wagewages; (b) failure to pay all overtime wages for daily overtime workedwages; (c) failure to pay overtime wages at the proper overtime rateprovide meal periods; (d) failure authorize or permit meal to provide rest periods; (e) failure to authorize or permit rest periodspay all due wages at termination; (f) failure to indemnify employees for employment-related losses/expendituresprovide accurate itemized wage statements; (g) failure to timely pay wages during employmentunfair competition; (h) failure to provide complete and accurate wage statementspay for all time worked based on rounding of time; (i) failure to timely regular rate of pay all earned wages and final paychecks due at time of separation of employmenterrors; and (( j) unfair business practicesliquidated damages, et seq.and any other related civil and statutory penalties, that could have been premised on the facts, claims, causes of action or legal theories described above or in the Operative Complaint in the Actionincluding those recoverable under PAGA; and (k) violations all attorneys’ fees, interest, and litigation costs related to these claims arising during the Covered Period (“Class Members’ Released Claims”). The Class Members’ Released Claims include without limitation claims meeting the above definition(s) under any and all applicable statutes, including without limitation the California Payment of Wages Law, and in particular, California Labor Code sections §§ 200, 201, 202, 203, 204, 208, 210, 218.5, 218.6, 221, 222, 223, 226, 226.2226.3, 226.7, 256, 510, 512, 515516, 558, 1174, 1174.5, 1193.6, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 2802 1198.5, 1199; the California Unfair Competition Act, and 2698in particular, California Bus. & Prof. Code §§ 17200 et seq.; the PAGA, California Labor Code §§ 2698 et. seq.; California Code of Civil Procedure § 1021.5; California Civil Code §§ 3287 and 3288; all applicable California Industrial Wage Orders, and any other provision of the California Labor Code or any applicable California Industrial Welfare Commission Wage Orders, including, Orders (including but not limited to, IWC to Wage Order NoNos. 161 and 4). 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 under Business & Professions Code section 17200, et seq., that could have been sought based on facts occurring outside 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 Covered Period.(the “Class Members who have not opted and thereby release and discharge Members’ 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 PaymentClaims”).

Release by Participating Class Members. All Plaintiffs and all Participating Class Members who have not opted out will Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release and discharge Released Parties (which as defined above specifically includes Defendants) from (i) any and all claims, demandswage and hour claims, rights, demands, liabilities and causes of action of any nature or description alleged/asserted in the Action, as amended, arising from and/or related to the facts and claims alleged/asserted in the Action, as amended during the Class Period, that were pled or which could have been pled in the Operative Complaint alleged/asserted in the Action based on the factual allegations thereinfacts and claims alleged in the Action, that arose as amended during the Class Period with respect Period, and the facts and claims asserted in, arising from or related to, or could have been alleged in the PAGA letter dated June 25, 2021, which was sent to the following claims: LWDA on behalf of Xxxxxxx Xxxxxx and other alleged Aggrieved Employees and identified on the LWDA’s website as LWDA-CM-836198-21; (aii) any and all claims for unpaid wages, including, but not limited to, failure to pay minimum wages, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; failure to pay wages for all hours worked at minimum wageleast twice each calendar month; (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 employmentwages; (h) missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; failure to provide complete meal periods; failure to authorize and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell- phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; failure to provide/furnish accurate itemized wage statements; (i) deductions; failure to keep/maintain accurate records; failure to timely pay all earned wages and final paychecks due at time of separation of employmentwages; and (j) unlawful deductions and/or withholdings from wages; unfair business practices; penalties, et seq.including, that could have been premised on the factsbut not limited to, claimsrecordkeeping penalties, causes of action or legal theories described above or in the Operative Complaint in the Actionwage statement and payroll reporting penalties, minimum-wage penalties, and waiting-time penalties; and (k) violations of attorneys’ fees and costs; for civil and statutory penalties, including wage statement and payroll reporting penalties, record keeping penalties, minimum wage penalties, attorneys’ fees and costs; and unfair business practices related to the Released Class Claims. The Released Class Claims also include but are not limited to all such claims arising under: California Labor Code sections 201, 201.3, 202, 203, 204, 206, 210, 216, 218, 218.5, 218.6, 221, 222, 225.5, 226, 226.2226.3, 226.7, 246, 247.5, 248.5, 510, 512, 515516, 558, 1174, 1174.5, 1175, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 2802 1199, 2698 et seq., 2699 et seq., 2800, and 26982802; all claims arising under the California Private Attorneys General Act of 2004 (“PAGA”) related to the Released Claims and Released Aggrieved Employee Claims; all claims relating to the Released Class Claims under the California Business and Professions Code section 17200, et seq., and ; the Release shall also include all claims relating to the Released Claims under the applicable Wage Orders of the California Industrial Welfare Commission Wage Orders, (including, but not limited to, IWC Wage Order NoNos. 164-2001, 5-2001, 10-2001 and 8 CCR section 11100) for failure to provide accurate itemized wage statements, failure to keep accurate records, for civil and statutory penalties, including wage statement penalties, and claims record keeping penalties. The Released Claims include those under Business & Professions Code the Fair Labor and Standards Act (“FLSA”), including those related to recordkeeping obligations, 29 U.S.C. section 17200211(c); 29 C.F.R. sections 516, 778.223, 778.315, et seq., ; and all state and federal law equivalents arising from or related to the facts and claims alleged in the Action and/or LWDA letter or that could have been sought based on the facts, claims, causes of action or legal theories described above and alleged in the Operative Complaint in Action and/or LWDA letter; California Civil Code sections 3287, 3288, 3289; California Code of Civil Procedure section 1021.5; and the ActionCalifornia common law of contract. The Parties agree that this Release shall This release excludes the release of claims not become effective until after Defendant’s second payment of $255,000 six months after permitted by law, including but not limited to claims brought for workers’ compensation benefits, and alleged violations occurring outside the Final Approval Order/Judgment has paid to the Settlement AdministratorClass Period. All Plaintiffs and Class Members who have not opted and thereby release and discharge Released Parties timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have acknowledged and agreed that opted into the Action, as amended, for purposes of the FLSA and, as to those Class Members, the Released Class Claims include any and all claims the Class Members may have under the FLSA asserted in the Action are disputed as amended, arising from or related to the facts and claims alleged in the Action as amended, or that California Labor Code § 206.5 is not applicable could have been alleged in the Action based on the facts and claims alleged in the Action as amended, during the Class Period. Only those Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Actions for purposes of the FLSA and thereby release and waive any of their claims under the FLSA arising under or relating to the alleged claims. The following language will be printed on the reverse of each Individual Class PaymentPayment Check, or words to this effect: “By endorsing or otherwise negotiating this check, I acknowledge that I read, understood, and agree to the terms set forth in the Notice of Class Action Settlement and I consent to join in the Fair Labor Standards Act (“FLSA”) portion of the [Actions], elect to participate in the settlement of the FLSA claims, and agree to release all of my FLSA claims that are covered by the Settlement.” Upon entry of Judgment, Class Members are precluded from filing a wage and hour action under the Fair Labor Standards Act against the Released Parties for claims and/or causes of action encompassed by the Released Claims which are extinguished and precluded pursuant to the holding in Xxxxxx v. PLS Check Cashers of California, Inc., 899 F.3d 1106 (2018). This release excludes the release of claims not permitted by law

Release by Participating Class Members. All 5.2.1 Upon the funding of the entire Gross Settlement Amount and Employer Taxes, all Participating Class Members who have not opted out will release Members, on behalf of themselves and discharge their respective former and present representatives, agents, attorneys, heirs, dependents, administrators, devisees, legatees, executors, trustees, conservators, guardians, personal representatives, successors, and assigns, whether individual, class, representative, legal, equitable, direct or indirect, or any other type of any capacity, shall and do hereby forever release, discharge, and agree to hold harmless the Released Parties from (i) all claims, demands, rights, liabilities and causes of action claims during the Class Period that were pled alleged, or which reasonably could have been pled alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action based on the factual allegations therein, that arose during the Class Period with respect to the following claimsincluding any and all claims for: (a1) failure to provide required meal periods (including, but not limited to, first and second meal periods and alleged failures due to rounding, off-the-clock work, remaining on premises or on-duty during meal periods, untimely, short, interrupted, or otherwise non-compliant meal periods); (2) failure to provide required rest periods (including, but not limited to, alleged failures due to rounding, off- the-clock work, remaining on premises or on-duty during rest periods, untimely, short, interrupted, or otherwise non-compliant rest periods); (3) failure to pay wages for all hours worked at minimum wageovertime wages; (b4) failure to pay minimum wages (including, but not limited to, alleged failures due to rounding or off-the-clock work); (5) failure to pay all overtime wages for daily overtime workeddue to discharged and quitting employees; (c6) failure to pay overtime wages at the proper overtime ratemaintain required records; (d) failure authorize or permit meal periods; (e7) failure to authorize or permit rest periodsfurnish accurate itemized wage statements; (f) 8) failure to indemnify employees for employment-related necessary expenditures incurred in discharge of duties (including, but not limited to, alleged failures to reimburse employees for necessary expenditures or losses/expenditures; (g) failure to timely pay wages during employment; (h) failure to provide complete , such as personal cell phones, personal vehicles, purchase and accurate wage statements; (i) failure to timely pay all earned wages maintenance of tools and final paychecks due at time of separation of employmentsupplies, uniforms, and other travel expenses); and (j9) unfair and unlawful business practices, et seq., that could have been premised practices arising out of the violations referenced in the Action (“Released Class Claims”). To the extent based on the facts, claims, causes of action or legal theories described above or in facts alleged on the Operative Complaint in or the Action; PAGA Letter, the Released Class Claims encompass, but are not limited to, all claims pursuant to the applicable IWC Wage Order (including Wage Order 4-2001), and (k) violations of Labor Code sections §§ 200, 201, 202, 203, 204, 206.5, 210, 218.5221, 218.6223, 224, 225.5, 226, 226.2226.3, 226.7, 510, 512, 515558, 1174, 1174.5, 1182.12, 1194, 1194.21197, 11971197.1, 1198, 2802 1199, 2800, 2802. 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 2698Housing Act, et seq.unemployment insurance, and the Industrial Welfare Commission Wage Ordersdisability, includingsocial security, but not limited toworkers’ compensation, IWC Wage Order No. 16, and or claims under Business & Professions Code section 17200, et seq., that could have been sought based on facts occurring outside 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 PaymentPeriod.

Release by Participating Class Members. (“Class Release”): All Participating Class Members who have not opted out will Members, on behalf of themselves and their respective former and present spouses, family members, representatives, agents, attorneys, heirs, administrators, successors, and assigns, release and discharge Released Parties from (i) all claims, demands, rights, liabilities and causes of action claims that were pled alleged, or which reasonably could have been pled alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action based on the factual allegations thereinincluding, that arose during the Class Period with respect but not limited to the following claims: claims for (a) failure to pay minimum, straight-time, overtime, or double-time wages, and failure to pay other wages for all hours worked at minimum wageof any kind during employment; (b) failure to authorize and permit rest periods or pay all overtime wages for daily overtime workedrest period premiums; (c) failure to provide meal periods or pay overtime wages at the proper overtime ratemeal period premiums; (d) failure authorize or permit meal periodsto provide accurate and itemized wage statements; (e) failure to authorize or permit rest periodsmaintain accurate employment records; (f) failure to reimburse or indemnify employees for employment-related losses/expendituresall necessary business expenses; and (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 brought under Business & Professions Code section 17200, et seq., based on the aforementioned, including, but not limited to all claims for unfair, unlawful and harmful conduct to class members, the general public, and Defendant’s competitors and claims of unlawfully gaining an unfair advantage over other businesses, and all damages, liquidated damages, interest, penalties, attorneys’ fees, costs, and other amounts recoverable based on the aforementioned, to the extent permissible. This release includes, but is not limited to, claims for alleged violations of the California Labor Code sections 204, 210, 226, 226.7, 510, 512, 1174(d), 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, and 2802 and the applicable Wage Orders. Excluded from this portion of the release are claims for PAGA penalties that were alleged, or reasonably could have been sought alleged, based on the facts, claims, causes of action or legal theories described above and PAGA Period facts stated in the Operative Complaint and Plaintiffs’ PAGA Notice. However, Xxxxxxxxx Employees will release claims for civil PAGA penalties as set forth in the ActionParagraph 5.4 below. The Parties agree that Except as set forth in Paragraph 5.4 of 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 Agreement, Participating Class Members who have do not opted release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and thereby release and discharge Released Parties will be deemed to have acknowledged and agreed that Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts occurring outside the Released Claims asserted in the Action are disputed and that California Labor Code § 206.5 is not applicable to their Individual Class PaymentPeriod.

Release by Participating Class Members. All including those who are Aggrieved Employees: Plaintiffs, the Aggrieved Employees, and all other Class Members who have not opted out will release Defendant and discharge its present and former parents, owners, subsidiaries, predecessors, successors, officers, directors, affiliates and related entities or persons and each of their respective shareholders, officers, directors, employees, administrators, fiduciaries, trustees, attorneys, agents, and any other successors, assigns or legal representatives, benefit plans (the “Released Parties Parties”) from those claims alleged, or which reasonably could have been alleged based on the facts in the operative Complaint (“Complaint”) and any Amended Complaint, and that arose during the Class Period, including any and all claimsfederal, state and local demands, rights, liabilities and liabilities, claims and/or causes of action action, known or unknown, that were pled are alleged in the Action, or which could have been pled in the Operative Complaint alleged 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) Defendant’s alleged failure to provide complete meal and rest breaks or premium pay in lieu thereof, pay all wages or overtime during employment, pay all wages due to discharged employees, furnish accurate itemized wage statements; , and/or maintain required employee records, in violation of (iamong other laws) failure to timely pay all earned wages and final paychecks due at time of separation of employment; and Labor Code sections 201-204, 210, 226, 226,3, 226.7, 510, 512, 558, 1174, 1174,5, 1194, 1197, 1197.1, 1198, 2698-2699.5 as well as applicable IWC Wage Orders, California’s Unfair Competition Law, based on the foregoing (j) unfair business practicesthe “Released Claims”), et seq., as well as any civil penalty claims predicated on the claims that could have been premised on the facts, claims, causes of action facts alleged in Plaintiff’s notice to the LWDA as well as the operative Complaint or legal theories described above or in First Amended Complaint under PAGA. Aggrieved employees will release PAGA claims even if as class members they request exclusion from the Operative Complaint in class. The Release Period for 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.Class shall be the Class Period, and the Industrial Welfare Commission Wage Ordersrelease period for PAGA shall be the PAGA Release Period. Except as set forth in Section 6.3 of this Agreement, includingParticipating Class Members do not release any other claims, but not limited toincluding claims for vested benefits, IWC Wage Order No. 16wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims under Business & Professions Code section 17200, et seq., that could have been sought based on facts occurring outside 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 PaymentPeriod.

Release by Participating Class Members. All Participating Class Members who have not opted out will Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release and discharge Released Parties from all claims, demands, rights, liabilities and causes of action claims that were pled alleged, or which reasonably could have been pled alleged, based on the facts stated in the Operative Complaint and ascertained in the course of the Action based on the factual allegations therein, that arose during the Class Period with respect to the following claims: (a) including any and all claims for allege failure to pay wages for all hours worked at minimum wage; (b) sick pay wages, including Covid-19 supplemental paid sick leave, and the alleged failure to pay all overtime sick leave wages for daily overtime worked; (c) failure to pay overtime wages or Covid-19 supplemental paid sick leave 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 correct rate of pay, and all derivative claims thereof, including claims for employment-related losses/expenditures; (g) failure to timely unpaid sick pay wages during employment; (h) failure to provide complete and accurate wages, interest thereon, the provision of 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 Orderspenalties, including, but not limited to, IWC Wage Order No. 16civil penalties, statutory penalties, recordkeeping penalties, wages statement penalties, and waiting-time penalties; and DocuSign Envelope ID: F64C3099-664C-46CD-92EA-3B7E0828E6A7 DocuSign Envelope ID: 81087311-B519-48B5-808F-AD077270FDD5 attorneys’ fees and costs; all 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 related 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 released claims which are asserted in the Action are disputed and that or which could have been asserted based on the factual allegations pled in the Action arising under: the California Labor Code § 206.5 is (including, but not applicable to their Individual Class Paymentlimited to, sections 201, 202, 203, 246, and 248.5), the Wage Orders 4-2001, 5-2001, and 7-2001 of the Industrial Welfare Commission; and California Business and Professions Code section 17200 derivative of Plaintiffs’ sick pay claim. This release excludes the release of claims not permitted by law.