Release by Xxxxxxxxx Employees. All Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint, and the PAGA Notice and ascertained in the course of the Action.
Release by Xxxxxxxxx Employees. All Aggrieved Employees will release and discharge Released Parties from all claims, demands, rights, liabilities and causes of action under California Labor Code Private Attorneys General Act of 2004 as asserted in the Operative Complaint that arose during the PAGA Period premised on the facts, claims, causes of action or legal theories described above. The release period for the PAGA claim shall be the same as the PAGA Period. All Aggrieved Employees, regardless of whether they have opted out of the Class Settlement as described above, and the State of California shall be bound by the PAGA Release and fully release and discharge Defendant and all Released Parties from all released PAGA claims upon the final approval of the settlement of PAGA Claims in this Action. The Parties agree there is no statutory right for any Aggrieved Employee to object, opt out or otherwise exclude himself or herself from the Settlement. Unless otherwise provided by law, the Parties further agree there is no right or opportunity for any Aggrieved Employee to appeal the approval of the PAGA settlement by the Court, this settlement shall not be subject to collateral attack by any Aggrieved Employee, and such prohibited collateral attack shall include, but not be limited to, claims that the Aggrieved Employee failed, for any reason, to timely receive his or her individual Settlement Payment.
Release by Xxxxxxxxx Employees. All Aggrieved Employees (whether they are Participating Class Members or Non-Participating Class Members) are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from the Released PAGA Claims, as defined in Paragraph 1.42.
Release by Xxxxxxxxx Employees. All Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period factual allegations and primary rights stated in the Operative Complaint and any amendments thereto, the PAGA Notices, and ascertained in the course of the Actions, including, (a) any and all claims involving any alleged failure to pay minimum wage; (b) any and all claims involving any alleged failure to pay straight-time wages; (c) any and all claims involving any alleged failure to pay overtime wages, including any alleged failure to pay wages for off-the-clock work or failure to pay such wages at the regular rate of pay; (d) any and all claims involving any alleged failure to provide meal breaks or provide premium pay in lieu thereof, including any alleged failure to pay such premiums at the regular rate of pay; (e) any and all claims involving any alleged failure to provide rest breaks or provide premium pay in lieu thereof, including any alleged failure to pay such premiums at the regular rate of pay; (f) any and all claims involving any alleged failure to provide accurate, itemized wage statements; (g) any and all claims involving any alleged failure to timely pay wages during employment; (h) any and all claims involving any alleged failure to timely pay final wages upon termination (i.e., waiting time penalties); (i) any and all claims involving any alleged failure to maintain required records; (j) any and all claims involving any alleged failure to reimburse necessary and reasonable business expenses; (k) any and all claims involving any alleged failure to provide reporting time pay; and (l) any and all claims involving any alleged failure to maintain a temperature in each work area that provides for reasonable comfort.
Release by Xxxxxxxxx Employees. All Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and the PAGA Notice including the (1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) failure to provide meal periods or provide premium wages in lieu thereof; (4) failure to provide rest periods or provide premium wages in lieu thereof; (5) wage statement violations under Labor Code section 226, et seq.; (6) failure to timely pay all wages due at separation, and the relevant Wage Orders issued by the Industrial Welfare Commission, and any and all related claims for attorneys’ fees and costs.
Release by Xxxxxxxxx Employees. All Participating Class Members and Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and the PAGA Notice, including specifically include but is not limited to claims for failure to pay minimum wages, failure to pay overtime wages, failure to pay the correct applicable overtime rate, failure to pay all hourly wages including minimum and overtime wages as a result of auto-deductions for meal periods, unlawful and inaccurate recording of time, off-the-clock work, failing to authorize and permit meal breaks (including requiring, suffering, and/or permitting Class Members to work through meal breaks), failure to authorize and permit rest periods, failure to indemnify for necessary business expenses including for mileage and cell phone use, failure to timely pay final wages at termination, failure to properly maintain required records, failure to provide accurate itemized wage statements, unfair and unlawful business practices, and any other claims, including claims for statutory and/or civil penalties.
Release by Xxxxxxxxx Employees. All Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties arising during the PAGA Period that were alleged, or reasonably could have been alleged, based on the facts stated in the Operative Complaint, and the PAGA Notice and ascertained in the course of the Action including, e.g., (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 authorize or permit meal periods; (d) failure to timely pay wages during employment; (e) failure to provide complete and accurate wage statements; and (f) failure to timely pay all earned wages and final paychecks due at time of separation of employment.
Release by Xxxxxxxxx Employees. All Non-Participating Settlement Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and the PAGA Notice including any and all claims involving any alleged failure to (a) pay overtime and wages, (b) provide proper rest periods, (c) reimburse business expenses, (d) provide proper wage statements, (e) pay all wages due upon termination, and (e) engage in unfair business practices.
Release by Xxxxxxxxx Employees. All Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint, and the PAGA Notice. This includes all claims under PAGA for violations of Labor Code Sections 201, 202, 203, 204, 226, 226(a), 226 (e), 226.2, 226.7, 226.7(b), 510, 512 (a), 1194, 1194.2, 1197, 1197.1, 1198, and 2802: Non-Participating Class Members who are Aggrieved Employees are subject to this Released PAGA Claims.
Release by Xxxxxxxxx Employees. All Aggrieved Employees, whether or not they are a Participating Class Member, are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA civil penalties under California Labor Code §§ 2699, et seq. that were alleged, or reasonably could have been alleged, that arose during the PAGA Period, based on the facts and legal assertions stated in the Operative Complaint, the PAGA Notice, and ascertained in the course of the Action, including any and all claims for any alleged failure to pay overtime wages pursuant to California Labor Code sections 510 and 1194, and applicable IWC Wage Orders; failure to pay minimum wages pursuant to California Labor Code sections 1194, 1194.2, 1197, and 1197.1 and applicable IWC Wage Orders; failure to pay all wages owed at termination pursuant to California Labor Code sections 201-203; failure to pay all wages in a timely manner during employment pursuant to California Labor Code section 204 and applicable IWC Wage Orders; failure to furnish accurate itemized wage statements pursuant to California Labor Code section 226(a0 and applicable IWC Wage Orders; and failure to maintain adequate payroll records pursuant to California Labor Code sections 1174(d) and applicable IWC Wage Orders (the “Released PAGA Claims”).
