Release of Claims by Settlement Class Members. Upon the Effective Date and full 8 funding of the Total Settlement Amount and employer share of taxes, Plaintiffs and all Class Members 9 who do not submit a valid and timely Request for Exclusion (i.e., Settlement Class Members) will be 10 deemed to have fully, finally and forever released, settled, compromised, relinquished, and discharged 11 the Released Parties of all Released Claims he or she may have or had.
Release of Claims by Settlement Class Members. (a) For and in consideration of the mutual promises contained herein, all Settlement Class Members who have not been excluded from the Settlement Class as provided in this Agreement, individually and on behalf of each Settlement Class Member’s heirs, estates, trustees, executors, administrators, representatives, agents, successors and assigns, and anyone claiming through him, her, or them or acting or purporting to act on his, her, or their behalf (collectively the “Settlement Class Members Releasors”), upon entry of final judgment, shall fully and finally release, relinquish, and discharge, with prejudice, the Releasees from all the “Settlement Class Members’ Released Claims” (as defined below). The “Settlement Class Members’ Released Claims” being released pursuant to this paragraph are defined as follows: any and all past, present or future claims, suits, actions, demands, causes of action, suits, debts, obligations, damages, rights, liabilities, guarantees, costs, expenses, attorneys’ fees and costs, penalties, prejudgment interest, of any kind, nature and description whatsoever, whether known or unknown, which the Settlement Class Members Releasors have ever had or may hereafter may claim to have against the Releasees or any Releasee that have arisen during the Class Period, and which are: (i) based on or reasonably related to the claims asserted or alleged against the Releasees or any Releasee in the Litigation; and (ii) claims that were or could have been asserted against the Releasees or any Releasee arising out of, based on, or related to the claims or the facts asserted or alleged in the Litigation, including but not limited to claims for misclassification, wages (including but not limited to claims for and relating to unpaid wages, minimum wage, regular wages, overtime pay, final wages, calculation of pay, including any regular rate of pay, expense reimbursement, kickback violations based on business expenses, spread and call- in pay, service fees, tip crediting and tip pooling violations, and meal and rest period violations, including meal period and rest period premiums), payment dates, wage statements, meal and/or rest periods/breaks, time-shaving, pay information, erroneous recordkeeping or paperwork, expense or cost reimbursement or amounts, misappropriation of tips or service fees, payment of wages when due, unfair competition, record-keeping violations, tortious interference with economic advantage, breach of contract, fraud and misrepres...
Release of Claims by Settlement Class Members. Upon the Effective Date, all Settlement Class Members shall fully, finally, irrevocably, unconditionally, and forever release, and discharge XPO LM and Defendant Releasees or any of them, from all claims, actions, causes of action, administrative claims, demands, debts, damages, penalties, costs, interest, attorneys’ fees, obligations, judgments, expenses, or liabilities, in law or in equity, whether now known or unknown, contingent or absolute, which: (i) are owned or held by Settlement Class Members and/or by their affiliated business entities (if any), or any of them, as against Defendant Releasees, or any of them; and (ii) which were asserted in Plaintiffs’ Operative Complaint or, whether or not asserted, which could have been asserted in this Action arising out of the factual allegations set forth in the Operative Complaint and that are related to, or arise from, the employment classification of the Settlement Class at law or in equity by XPO LM during the Class Period under the statutory or common law of California and/or any local law, statute, ordinance or regulation within the State of California. The Released Claims include, without limitation, all rights and claims under California wage payment laws and wage and hour related claims, demands, rights, liabilities, and/or causes of action of any nature and description whatsoever for wages, benefits, taxes, compensation, damages, costs, penalties, liquidated damages, treble damages, punitive damages, interest, attorney fees, litigation costs, restitution, equitable relief, or other relief, and any claims of alleged unjust and/or improper (1) classification as an independent contractor and/or non-employee exempt from state minimum wage and/or overtime laws, or any other alleged misclassification under state laws or any alleged misclassification related to other employment-related claims; (2) deductions from compensation and/or wages; (3) failure to pay minimum wages; (4) failure to provide proper pay stubs or other records related to hours worked, wages earned, and/or payroll deductions; (5) failure to pay, indemnify, and/or reimburse for work-related expenses; (6) failure to pay all wages when due; (7) failure to calculate and/or pay overtime compensation; (8) failure to keep and maintain any records required to be kept or maintained under state wage and hour laws; (9) retaliation; and/or (10) enrichment in any manner of Defendant by any conduct alleged or that could have been alleged in this Action...
Release of Claims by Settlement Class Members. Upon the court’s final approval of the class settlement and entry of Final Judgment, each Settlement Class Member shall be deemed to have released Defendant in the Xxxxx Action and all of their present and former parents, owners, subsidiaries, predecessors, successors, 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 (collectively the “Releasees”), from any and all “Settlement Class Members’ Released Claims.” For the purposes of this Agreement, the Settlement Class Members’ Released Claims are defined as: Any and all federal, state and local demands, rights, liabilities, claims and/or causes of action, known or unknown, that are alleged in the Action, or could have been alleged in the Action based on Defendant’s alleged failure to provide meal and rest breaks or pay premium pay in lieu thereof, pay overtime wages, pay minimum wages, pay all wages during employment, pay all wages due to discharged employees, pay and track sick pay, furnish accurate itemized wage statements, maintain required employee records, and indemnify employees for business expenses, in violation of (among other laws) Labor Code sections 201-204, 210, 226, 226.3, 226.7, 246, 510, 512, 558, 1174, 1174.5, 1194, 1197, 1197.1, 1198, 2802, 2698-2699.5, any provision of the Industrial Welfare Commissions Orders, or California’s Unfair Competition Law.
Release of Claims by Settlement Class Members. 12 a. As of the Effective Date, Plaintiffs and all Settlement Class Members shall be 13 deemed to have fully, finally, and forever released, settled, compromised, relinquished, and discharged 14 any and all of the Released Parties of and from any and all Released Claims.
15 b. The PAGA penalties portion allocated to the aggrieved employees shall be 16 distributed among all aggrieved employees, even those who request to be excluded from a class 17 settlement (see below, Paragraph 43).
18 c. The Parties agree for settlement purposes only that, because the Settlement 19 Class Members are so numerous, it is impossible or impracticable to have each Settlement Class 20 Member execute this Agreement. Accordingly, the Class Notice will advise all Class Members of the 21 binding nature of the release with respect to Settlement Class Members, and such notice shall have the 22 same force and effect as if the Agreement were executed by each Settlement Class Member.
23 d. Plaintiffs represent, covenant, and warrant that they have not directly or 24 indirectly assigned, transferred, encumbered, or purported to assign, transfer, or encumber to any 25 person or entity any portion of any liability, claim, demand, action, cause of action, or rights herein 26 released and discharged, except as set forth herein.
Release of Claims by Settlement Class Members. (a) For and in consideration of the mutual promises contained herein, all Settlement Class Members3 who have not been excluded from the Settlement Class as provided in this Agreement, individually and on behalf of each Settlement Class Member’s heirs, estates, trustees, executors, administrators, representatives, agents, successors and assigns, and anyone claiming through him, her, or them or acting or purporting to act on his, her, or their behalf (collectively the “Settlement Class Members Releasors”), upon entry of final judgment, shall fully and finally release, relinquish, and discharge, with prejudice, the Releasees from all the “Settlement Class Members’ Released Claims” (as defined below). The “Settlement Class Members Released Claims” being released pursuant to this Paragraph only include those claims that were brought in the O’Brien or Batra actions or that arise from the injury alleged in, or the factual predicate of, the O’Brien or Batra actions. The “Settlement Class Members’ Released Claims” being released pursuant to this Paragraph are defined as: any and all past, present and future claims, suits, debts, liabilities, rights, demands, obligations, guarantees, costs, expenses, attorneys’ fees and costs, damages, penalties, prejudgment interest, actions, or causes of action of
Release of Claims by Settlement Class Members a. As of the Effective Date, Named Plaintiffs and all Settlement Class Members shall be deemed to have fully, finally, and forever released, settled, compromised, relinquished, and discharged any and all of the Released Parties of and from any and all Released Claims. As of the Response Deadline and until the deadline for Defendants to fully fund the Settlement in accordance with the terms of this agreement, all Settlement Class Members will be enjoined from pursing the Released Claims against the Released Parties, including with the Labor Commissioner or any other federal, state or local agency authorized to enforce any of the Released Claims.
b. The Parties agree for settlement purposes only that, because the Settlement Class Members are so numerous, it is impossible or impracticable to have each Settlement Class Member execute this Agreement. Accordingly, the Class Notice will advise all Class Members of the binding nature of the release with respect to Settlement Class Members, and such notice shall have the same force and effect as if the Agreement were executed by each Settlement Class Member.
c. Named Plaintiffs represent, covenant, and warrant that they have not directly or indirectly assigned, transferred, encumbered, or purported to assign, transfer, or encumber to any person or entity any portion of any liability, claim, demand, action, cause of action, or rights herein released and discharged, except as set forth herein.
Release of Claims by Settlement Class Members. Upon the Court’s final approval of the Settlement, entry of final judgment, and payment of required funds to Settlement Class Members, each Settlement Class Member shall be deemed to have released KOC, and all of its parents, subsidiaries, predecessors, successors, and affiliates, and all of their respective shareholders, officers, directors, employees, administrators, fiduciaries, trustees, agents, and benefit plans (collectively the “Releasees”), from any and all “Settlement Class Members’ Released Claims.” For the purposes of this Agreement, the Settlement Class Members’ Released Claims are defined as: “An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made.”
Release of Claims by Settlement Class Members. Upon the Effective Date, Plaintiffs and all Participating Class Members and all members of the PAGA Group, as well as their spouses, heirs, executors, administrators, trustees and/or permitted assigns, hereby do and shall be deemed to have fully, finally and forever released, settled, compromised, relinquished and discharged any and all of the Released Parties of and from any and all “Released Claims for the Homecare Settlement Class” as to those Participating Class Members who are members of the Homecare Settlement Class and from any and all “Released Claims for the Wage Statement Settlement Class” as to those Participating Class Members who are members of the Wage Statement Settlement Class and to the “PAGA Release” for all members of the PAGA Group. These releases will take effect whether or not a Participating Class Member or member of the PAGA Group receives his or her Individual Settlement Payment or cashes and deposits any check for the Individual Settlement Payment or PAGA Payment. Because the settlement of PAGA claims in this Action is not a class action settlement subject to class action procedures, no Class Members can opt out from being included in the settlement of PAGA claims and being subject to the PAGA Release if the court approves the PAGA Settlement. Class Members will be sent their PAGA Payment Amount regardless of whether they opt out of the Class Settlement and will be bound by the PAGA Release.
Release of Claims by Settlement Class Members. All Settlement Class Members, on behalf of themselves and each of their heirs, representatives, successors, and assigns, shall fully, finally, irrevocably, unconditionally, and forever release, and discharge Defendants from all claims, actions, causes of action, administrative claims, demands, debts, damages, penalties, costs, interest, attorneys’ fees, obligations, judgments, expenses, or liabilities, in law or in equity, whether now known or unknown, contingent or absolute, which were asserted in the Complaint or which could have been asserted in this Action arising out of the factual allegations set forth in the Complaint and that are related to, or arise from, the employment of the Settlement Class by Defendants during the Class Period under the statutory or common law of California and/or any local law, statute, ordinance or regulation within the State of California.
