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. As of the date of the Effective Date, Plaintiffs, as representatives of the State of California and on behalf of the LWDA and as representatives of the PAGA Members, fully and finally release the Released Parties from the PAGA Released Claims for the PAGA Period.
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. Upon the Court’s approval of the PAGA Payment and this release of the Released PAGA Claims, Plaintiff and the PAGA Releasees and all persons purporting to act on the PAGA Releasees’ behalf or purporting to assert a claim under or through them, 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 PAGA Claims. The PAGA Releasees will be issued 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. The PAGA Releasees are bound by the release of the Released PAGA Claims regardless of whether they cash their PAGA Payment Check.
Release of PAGA Claims. As of the date the Settlement becomes Final, the LWDA, PAGA Representatives, and, to the maximum extent permitted by law, the PAGA Group Members, release the PAGA Claims, including any and all claims under PAGA during the Covered Period for violations of California Labor Code sections 96(k), 98.6, 232, 232.5, 432.5 (premised on alleged violations of Labor Code §§ 96(k), 98.6, 232, 232.5, 1101, 1102, 1102.5(a), and 1197.5(k), Business & Professions Code §§ 16600, 16720 et. seq., and 17200, California Government Code § 12964.5, and Rule 21F–17 of the Securities and Exchange Commission), 1101, 1102, 1102.5(a), and 1197.5 that were asserted or could have been asserted in the Action based upon the factual allegations asserted in the Complaint and/or any PAGA Notice submitted to the LWDA by the PAGA Representatives (the “Released PAGA Claims”). Except as provided in Section III.G.6, the Released PAGA Claims also include all claims for attorneys’ fees and costs, whether under PAGA, California Code of Civil Procedure section 1021.5, or any other applicable law or doctrine. Subject to the terms of this Agreement, the final judgment or order approving this Settlement shall further bar the LWDA, directly or through any agent or proxy, the PAGA Representatives, and any PAGA Group Members from any future prosecution of the PAGA Claims. It is the intent of the PAGA Representatives, acting as the agent or proxy of the LWDA, to bind the PAGA Group Members through this Settlement and subsequent judgment with respect to the PAGA Claims by operation of res judicata or collateral estoppel to the fullest extent permitted by law. Plaintiff also releases the non-PAGA claims for a public injunction, pursuant to Business & Professions Code § 17200 et seq. alleged in the Complaint.
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. 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. 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. 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.
