Common use of Release by Participating Class Members Clause in Contracts

Release by Participating Class Members. Upon entry of the 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 wage and hour claims that were alleged or reasonably could have been alleged, based on the facts alleged in the Operative Complaint relating 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, 1194, 1197, 1197.1 and 1198, failure to 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 during employment under Labor Code sections 204, 210, alleged failure to pay wages after under employment Labor Code sections 201-203, alleged violation of California Business & Professions Code section 17200 et seq. (Unfair Competition Law) arising from the labor code violations listed hereinabove from August 6, 2016 to September 23, 2022 (“Class Period”). This release will be as to the Released Parties, which shall include EdNet Career Institute (dba Xxxxxxxx Private Security), and each of its former and present directors, officers, shareholders, owners, members, attorneys, insurers, predecessors, successors, assigns, subsidiaries and/or affiliates. The release shall be effective with respect to the Settlement Class Members who do not 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 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 Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts occurring outside the Class Period. This release expressly excludes PAGA penalties, which are separately released hereinbelow.

Release by Participating Class Members. Upon entry of the final judgment All Class Members who have not opted out will release 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 discharge Released Parties from all wage claims, demands, rights, liabilities and hour claims causes of action that were alleged pled or reasonably which could have been alleged, based on the facts alleged pled in the Operative Complaint relating in the Action based on the factual allegations therein, that arose during the Class Period with respect 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, 1194, 1197, 1197.1 and 1198, failure to 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 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 under 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, alleged failure to pay wages after 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 employment Labor Code sections 201-203, alleged violation of California Business & Professions Code section 17200 17200, et seq. (Unfair Competition Law) arising from ., that could have been sought based on the labor code violations listed hereinabove from August 6facts, 2016 to September 23claims, 2022 (“Class Period”). This release will be as to causes of action or legal theories described above and in the Released Parties, which shall include EdNet Career Institute (dba Xxxxxxxx Private Security), and each of its former and present directors, officers, shareholders, owners, members, attorneys, insurers, predecessors, successors, assigns, subsidiaries and/or affiliatesOperative Complaint in the Action. The release Parties agree that this Release shall be not become effective with respect 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 do have not validly opt-out of 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 Settlement, who worked for Defendant during the Class Period. The release shall be effective upon final approval of the Class Settlement and 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 Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts occurring outside the Class Period. This release expressly excludes PAGA penalties, which are separately released hereinbelowPayment.

Release by Participating Class Members. Upon entry of the final judgment Plaintiffs 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 (which as defined above specifically includes Defendants) from (i) any and all claims, wage 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 alleged or reasonably could have been alleged, /asserted in the Action based on the facts and claims alleged in the Operative Complaint Action, as amended during the Class 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 LWDA on behalf of Xxxxxxx Xxxxxx and other alleged Aggrieved Employees and identified on the LWDA’s website as LWDA-CM-836198-21; (ii) 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 at least twice each calendar month; failure to timely pay wages; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; failure to provide 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; deductions; failure to keep/maintain accurate records; failure to timely pay final wages; unlawful deductions and/or withholdings from wages; unfair business practices; penalties, including, but not limited to, recordkeeping penalties, wage statement and payroll reporting penalties, minimum-wage penalties, and waiting-time penalties; and 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, 226.3, 226.7, 246, 247.5, 248.5, 510, 512, 516, 558, 1174, 1174.5, 1175, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 1199, 2698 et seq., 2699 et seq., 2800, and 2802; 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.; the Release shall also include all claims relating to the Released Claims under the applicable Wage Orders of the California Industrial Welfare Commission (including, but not limited to, IWC Wage Order Nos. 4-2001, 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 hour statutory penalties, including wage statement penalties, and record keeping penalties. The Released Claims include those under the Fair Labor and Standards Act (“FLSA”), including those related to recordkeeping obligations, 29 U.S.C. section 211(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 alleged in the Action and/or LWDA letter; California Civil Code sections 3287, 3288, 3289; California Code of Civil Procedure section 1021.5; and the California common law of contract. This release excludes the release of claims not permitted by law, including but not limited to any and all claims involving any alleged unpaid overtime and/or minimum wage under Labor Code sections 510, 1194, 1197, 1197.1 and 1198, failure to provide meal and rest periods pursuant to Labor Code sections 204, 226.7, 510,512brought for workers’ compensation benefits, 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 during employment under Labor Code sections 204, 210, alleged failure to pay wages after under employment Labor Code sections 201-203, alleged violation of California Business & Professions Code section 17200 et seq. (Unfair Competition Law) arising from the labor code violations listed hereinabove from August 6, 2016 to September 23, 2022 (“Class Period”). This release will be as to the Released Parties, which shall include EdNet Career Institute (dba Xxxxxxxx Private Security), and each of its former and present directors, officers, shareholders, owners, members, attorneys, insurers, predecessors, successors, assigns, subsidiaries and/or affiliates. The release shall be effective with respect to the Settlement Class Members who do not 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 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 Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts occurring outside the Class Period. Plaintiffs and Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have 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 as amended, arising from or related to the facts and claims alleged in the Action as amended, or that 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 Payment 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 expressly excludes PAGA penalties, which are separately released hereinbelow.the release of claims not permitted by law

Release by Participating Class Members. Upon entry including those who are Aggrieved Employees: Plaintiffs, the Aggrieved Employees, and all other Class Members will release Defendant and its present and former parents, owners, subsidiaries, predecessors, successors, officers, directors, affiliates and related entities or persons and each of the final judgment and funding of the Gross Settlement Amount, all Participating Class Members, on behalf of themselves and their respective former and present representativesshareholders, officers, directors, employees, administrators, fiduciaries, trustees, attorneys, agents, attorneys, heirs, administrators, and any other successors, and assignsassigns or legal representatives, release benefit plans (the “Released Parties Parties”) from all wage and hour those claims that were alleged alleged, or which reasonably could have been alleged, 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 federal, state and local demands, rights, liabilities, claims and/or causes of action, known or unknown, that are alleged in the Operative Complaint relating to wage and hour claims including but not limited to any and all claims involving any Action, or could have been alleged unpaid overtime and/or minimum wage under Labor Code sections 510, 1194, 1197, 1197.1 and 1198, in the Action based on Defendant’s alleged failure to provide meal and rest periods pursuant breaks or premium pay in lieu thereof, pay all wages or overtime during employment, pay all wages due to Labor Code sections 204discharged employees, 226.7furnish accurate itemized wage statements, 510,512and/or maintain required employee records, 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 during employment under Labor Code sections 204, 210, alleged failure to pay wages after under employment in violation of (among other laws) Labor Code sections 201-203204, alleged violation of California Business & Professions Code section 17200 et seq. (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) arising , based on the foregoing (the “Released Claims”), as well as any civil penalty claims predicated on the claims that could have been premised on the facts alleged in Plaintiff’s notice to the LWDA as well as the operative Complaint or First Amended Complaint under PAGA. Aggrieved employees will release PAGA claims even if as class members they request exclusion from the labor code violations listed hereinabove from August 6, 2016 to September 23, 2022 (“Class Period”). This release will be as to the Released Parties, which shall include EdNet Career Institute (dba Xxxxxxxx Private Security), and each of its former and present directors, officers, shareholders, owners, members, attorneys, insurers, predecessors, successors, assigns, subsidiaries and/or affiliatesclass. The release Release Period for the Class shall be effective with respect to the Settlement Class Members who do not validly opt-out of the Class Settlement, who worked for Defendant during the Class Period. The , and the release period for PAGA shall be effective upon final approval of the Class Settlement and funding in full of the Fund by DefendantPAGA Release 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. This release expressly excludes PAGA penalties, which are separately released hereinbelow.

Release by Participating Class Members. Upon entry of the final judgment and funding of the Gross Settlement Amount, all (“Class Release”): All Participating Class Members, on behalf of themselves and their respective former and present spouses, family members, representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from (i) all wage and hour claims that were alleged alleged, or reasonably could have been alleged, based on the Class Period facts alleged stated in the Operative Complaint relating to wage and hour claims including ascertained in the course of the Action including, but not limited to claims for (a) failure to pay minimum, straight-time, overtime, or double-time wages, and failure to pay other wages of any kind during employment; (b) failure to authorize and all claims involving any alleged unpaid overtime and/or minimum wage under Labor Code sections 510, 1194, 1197, 1197.1 and 1198, permit rest periods or pay rest period premiums; (c) failure to 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 or pay meal period premiums; (d) failure to provide accurate and itemized wage statements; (e) failure to maintain accurate records violations under Labor Code sections 226(a)/(f)/(h),, alleged employment records; (f) failure to pay wages during employment reimburse or indemnify all necessary business expenses; and (g) 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, alleged failure to pay wages after under employment Labor Code sections 201-203226, alleged violation of California Business & Professions Code section 17200 et seq. (Unfair Competition Law) arising from the labor code violations listed hereinabove from August 6226.7, 2016 to September 23510, 2022 (“Class Period”). This release will be as to the Released Parties512, which shall include EdNet Career Institute (dba Xxxxxxxx Private Security1174(d), 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, and each of its former 2802 and present directors, officers, shareholders, owners, members, attorneys, insurers, predecessors, successors, assigns, subsidiaries and/or affiliatesthe applicable Wage Orders. The release shall be effective with respect to the Settlement Class Members who do not validly opt-out Excluded from this portion of the Class Settlementrelease are claims for PAGA penalties that were alleged, who worked or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and Plaintiffs’ PAGA Notice. However, Xxxxxxxxx Employees will release claims for Defendant during the Class Period. The release shall be effective upon final approval of the Class Settlement and funding civil PAGA penalties as set forth in full of the Fund by DefendantParagraph 5.4 below. Except as set forth in Section 6.3 Paragraph 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. This release expressly excludes PAGA penalties, which are separately released hereinbelow.