Release of PAGA Claims. All Aggrieved Employees and the LWDA 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 of the Released PAGA Claims.
Release of PAGA Claims. Upon final approval of the Settlement by the Court, and except as to such rights as may be created by this Agreement, the LWDA and each Eligible Aggrieved Employee, including Plaintiffs, individually and on behalf of their heirs, executors, administrators, representatives, attorneys, successors and assigns hereby voluntarily and knowingly is barred from bringing any and all claims seeking civil penalties against any Released Party under the California Labor Code predicated on the PAGA Claims asserted in the Amended Complaint and/or the May 2, 2018 LWDA letter. The release of the PAGA Claims is effective, regardless of whether the Eligible Aggrieved Employee submits a timely and valid Request for Exclusion. This Release covers the PAGA Period.
Release of PAGA Claims. Upon the Effective Date, each Aggrieved Employee shall be deemed to have fully and finally released and discharged the Released Parties of all PAGA claims that have been pled or could have been pled based on the factual allegations contained in the Operative Complaint and PAGA letter sent by Plaintiff that occurred during the PAGA Period as to the Aggrieved Employees including, without limitation, violations of Labor Code §§ 201- 203, 226(a) and (e), 226.2, 226.7, 1194, 510, 2802, 2699 et seq., IWC Wage Order No. 4-2001 §§ 3, 4, 12, and Business & Professions Code § 17200, et seq.
Release of PAGA Claims. Upon the funding of the Gross Settlement Amount in accordance with Paragraph 4.2, Plaintiff, the LWDA, and the State of California, hereby do and shall be deemed to have fully, finally, and forever released, settled, compromised, relinquished and discharged any and all of the Defendants and Released Parties, including Anheuser-Xxxxx Wholesaler Development Corp., of and from any and all claims for civil penalties for violation of PAGA (“PAGA Claims”) that could have been sought by the Labor Commissioner identified in the PAGA letter and those predicated on the facts and/or claims alleged in the PAGA letter sent to the LWDA by Plaintiff that arose at any time during the PAGA Period. After the Court grants final approval of the settlement, Plaintiff will provide the LWDA with a copy of the Judgment, which will include a list of the PAGA Employees during the PAGA Period. Plaintiff does not release any PAGA Employees’ claim for wages and damages. This does not preclude the release of wages and damages by the Class Members as set forth in Paragraph 5.2 of this Agreement. The Administrator will issue PAGA Employees a check for their share of the PAGA Payment and will not have the opportunity to opt out of, or object to, the PAGA Payment and release of the PAGA Claims set forth in this Paragraph.
Release of PAGA Claims. As of the Effective Final Settlement Date, the Released Parties shall be entitled to a release from the LWDA and Plaintiff (as representative of the State of California, the LWDA, and the general public) as to all Released PAGA Claims. Defendant will be entitled to assert this Settlement of the PAGA Claims in this Action as a defense to future claims against it for penalties by the LWDA or under the PAGA on behalf of the LWDA. The Released Parties will also be entitled to assert this release of PAGA Claims to assert claim or issue preclusion or other effects of this Settlement if any Aggrieved Employees bring a subsequent claim on behalf of the LWDA concerning the same primary rights that were at issue in this Action. Aggrieved employees may not opt out of the PAGA Settlement.
Release of PAGA Claims. As of the Effective Final Settlement Date and upon fully funding the settlement, the LWDA and each Eligible Aggrieved Employee, including Plaintiffs, individually and on behalf of their heirs, executors, administrators, representatives, attorneys, successors and assigns hereby voluntarily and knowingly is barred from bringing any and all claims seeking civil penalties under the California Labor Code predicated on the PAGA Claims asserted in the Actions, during the PAGA Timeframe against Defendant and Released
Release of PAGA Claims. As provided in the Release of Claims, as of the Effective Final Settlement Date, this settlement forever bars Named Plaintiffs, the LWDA, and any other representative, proxy, or agent thereof, including, but not limited to, any and all Eligible Aggrieved Employees during the PAGA Timeframe, from pursuing any action under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”), Labor Code §§ 2698, et seq., against, the Released Parties based on or arising out of alleged violations of Labor Code sections alleged in the Case.
Release of PAGA Claims. For the avoidance of doubt, Class Members/PAGA Group Members have no opt out rights as to the PAGA portion of the settlement of the Actions. Accordingly, upon the Effective Date, in consideration of the PAGA Settlement Amount, Plaintiffs, on behalf of themselves and the State of California, and all PAGA Group members, waive, fully release and forever discharge the Released Parties from any and all claims under PAGA (California Labor Code §§ 2698, et seq.) pled in the Operative Complaint or the PAGA Notices sent by Plaintiffs or that could have been pled based on the facts alleged or theories asserted in the Operative Complaint or the PAGA Notices sent by Plaintiffs, including claims for: failure to timely pay all wages (California Labor Code §§ 201, 202, 203, 204, 558); failure to pay all minimum, overtime and reporting time wages, including with respect to the rate at which such wages are paid (California Labor Code §§ 204, 218, 218.5, 221, 225.5, 510, 558, 1182.12, 1194, 1194.1, 1194.2, 1197, and applicable sections of the relevant Order of the Industrial Welfare Commission); meal and rest period violations, including with respect to the rate at which premiums are paid (California Labor Code §§ 226.7, 512, 516, 558, and applicable sections of the relevant Order of the Industrial Welfare Commission); failure to provide sick pay or properly pay sick time, including with respect to the rate at which it was paid (California Labor Code §§ 233, 246, 248, 248.5); failure to provide suitable seating (Cal. Lab. Code §§ 1198, 1194.5, and section 14 of the relevant Order of the Industrial Welfare Commission); failure to pay vested vacation time at termination, including with respect to the rate at which it was paid (Cal. Lab. Code §§ 227.3, 558); failure to reimburse all necessary business expenses (California Labor Code §§ 2802, 2804); violation of the IWC California Wage Orders; failure to provide accurate wage statements (Cal. Lab. Code §§ 226, 226.3, 558); failure to maintain records (Cal. Lab. Code §§ 226, 1174, 1174.5); and that occurred during the PAGA Period.
Release of PAGA Claims. In Plaintiff’s capacity as a private attorney general “Xxxxxxxxx Employee” acting on behalf of the State of California, the Plaintiff and LWDA 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 of the Released PAGA Claims.
Release of PAGA Claims. Upon the Effective Date, Plaintiffs, on behalf of themselves, the State of California, and Affected Employees, fully and irrevocably release the Released Parties from all of the Released PAGA Claims, in exchange for the consideration provided to them by this Agreement. All Released PAGA Claims are released for the PAGA Period. Plaintiff, the State of California, and Affected Employees may discover facts in addition to or different from those they now know or believe to be true with respect to the subject matter of the Released PAGA Claims but, upon the Effective Date, they shall be deemed to have – and by operation of the Final Approval Order and Judgment shall have – fully, finally, and forever settled and released any and all of the Released PAGA Claims. It is the intent of the Parties that the Final Approval Order and Judgment entered by the Court shall have full res judicata effect on the Released PAGA Claims and be final and binding upon Plaintiff, the State of California, and Affected Employees with respect to the Released PAGA Claims.
