Common use of Release by Participating Class Members Clause in Contracts

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 (i) all claims that were alleged, or that reasonably could have been alleged, in the Lawsuit based on the Class Period facts stated in the Operative Complaint, including, e.g., any and including all claims involving: for (1) any alleged failure to pay all minimum wages (including minimum wage)and liquidated damages; (2) any alleged failure to pay all overtime compensationwages, including but not limited to due to failure to properly calculate the regular rate of pay; (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 thereofperiods; (5) any alleged failure to provide compliant accurate accurate, itemized wage statements; (6) any alleged failure to timely pay wages due upon separationwaiting time penalties; and (7) any alleged unlawfulillegal deductions from wages; (8) failure to reimburse business expenses, unfairand (9) unfair business practices during the Class Period (“Released Claims”). Class Members shall release the Released Claims for the entire Class Period, or fraudulent business actions or practices under Business and Professions Code §§ 17200, et seq. arising the judgment on this Settlement will have res judicata effect as to the Released Claims for all Class Members who do not opt-out of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaintthis Settlement. 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 (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, Complaint (as well as Class Period facts ascertained in the course of the Action) including, e.g.but not limited to, any and all claims involving: involving any (1a) any alleged failure to pay wages (including minimum wage)wages; (2b) any alleged failure to pay overtime compensationwages; (3c) any alleged failure to provide compliant meal periods, periods or compensation in lieu thereoftimely meal periods (including failure to pay meal period premiums); (4d) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6e) any alleged failure to timely pay wages due upon separationtermination; (f) failure to pay reimbursable expenses; (g) violation of Business & Professions Code § 17200, et. seq.; (h) failure to pay all wages due; and (7i) any alleged unlawful, unfair, or fraudulent business actions or practices under Business and Professions Code §§ 17200, et seq. arising out violation of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint§ 2698, et. seq. Except as set forth in Paragraph 5.3 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, 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 ComplaintComplaint and ascertained in the course of the Action, including, e.g., any and all including claims involving: for (1i) any alleged failure to pay wages, including unpaid minimum wages (including minimum wage)and overtime premium pay; (2ii) any alleged failure to correctly calculate the regular rate for overtime pay overtime compensationand/or payments for non- complaint meal and/or rest periods; (3iii) any alleged failure to provide compliant meal and/or rest periods in accordance with applicable law, including payments for meal and/or rest periods, or compensation in lieu thereof; (4iv) any alleged unreimbursed business expenses; (v) failure to timely pay wages, both during employment and upon termination of employment; (vi) 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 (7vii) any alleged unlawfulall civil and statutory penalties, unfairincluding PAGA penalties, or fraudulent business actions or practices under Business and Professions Code §§ 17200arising during the period from August 27, et seq. arising out of the Labor Code and Industrial Welfare Commission 2016 through seven days prior to final approval (“IWCClass Release Period”) 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 Release Period.