Released Class Claims. Upon Defendant’s fulfillment of its payment obligations under Section III (J)(9)(a) below, the claims that Plaintiffs and the other Participating Class Members are releasing in exchange for the consideration provided for by this Settlement are all claims, rights, demands, damages, liabilities and causes of action (along with related claims and all associated penalties), in law or in equity, arising at any time during the Class Period and that were alleged or that reasonably could have been alleged based on the facts alleged in the Complaint and in Plaintiff Xxxx Xxxxx’x letter to the LWDA. Participating Class Members further covenant not to xxx concerning the Released Class Claims. It is the intent of the Parties that the Final Approval entered by the Court shall have full res judicata effect and be final and binding upon Participating Class Members regarding the Released Class Claims as provided for herein.
Released Class Claims. Released Class Claims means the claims being released as described in Paragraph 6.2 below.
Released Class Claims. In consideration of their Settlement Share and other terms and conditions of this Agreement, each Class Member shall, upon the Effective Date, be deemed to have released, on behalf of their respective heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors in interest and assigns, any and all claims against the Released Parties that were alleged in the complaint brought in this Lawsuit and all claims that could have been brought based on the allegations in the operative Complaint, related to payment of wages, penalties, interest, fees, costs, and all other claims and allegations made in the operative Complaint, from June 4, 2015 through January 31, 2020 (the “Released Class Claims”). This release shall not be limited in any way by the possibility that Plaintiffs or Class Members may discover new legal theories or legal arguments not alleged in the operative pleadings in the Lawsuit but which might serve as an alternative basis for pursuing the Released Class Claims. The Released Class Claims are those that accrued during the Settlement Class Period.
Released Class Claims. The Participating Class Members will fully release and discharge Staffmark and the Released Parties from any and all claims as alleged in, or arising out of facts asserted in, the operative Complaint only, which includes the following claims against Staffmark: meal and rest breaks; unpaid wages, including minimum wages, regular wages, overtime and double time wages; wage statement violations; untimely wages and wages due upon termination; and derivative claims; and California Labor Code sections 201, 202, 203, 204, 226, 226.3, 226.7, 510, 512, 558, 558.1, 1174, 1174.5, 1182.12, 1194, and 1198, 2802 and 2698, the applicable Industrial Wage Commission Wage Orders, the Fair Labor Standards Act, and the Business and Professions Code section 17200 as it relates to the underlying Labor Code claims referenced above (collectively, “Released Class Claims”). All Class Members who negotiate their settlement checks will also release all claims that could have been brought under the Fair Labor Standards Act. Also, this release shall apply to all claims arising in the PAGA Period. If you cash your settlement check, then the Released Claims shall also include any and all claims under the Fair Labor Standards Act, including without limitation, claims under 29 U.S.C. §§ 206, 207 and 216, that have been asserted in the Action. Settlement checks shall read, "By negotiating this check, you agree to release all claims you may have under the Fair Labor Standards Act arising from Olrim Kang v. Samsung Electronics America, Inc. et al., Case No. 20STCV09407." This release will be effective as to the absent class members at the time the gross settlement funds are paid.
Released Class Claims. Upon the Effective Date and funding in full of the Gross Settlement Amount by Defendant, all Participating Class Members who do not timely and validly opt out shall be deemed to have fully and finally released any and all claims which were or could have been asserted against the Released Parties based upon, arising out of, or relating to the facts or allegations set forth in any complaint in the Action, which occurred during the Class Period, including but not limited to claims for rest periods; meal periods; overtime wages; calculation of the regular rate and/or overtime/double time pay; timeliness of wages; payment of wages at separation of employment; waiting time penalties; stipends, per diems, or other expense reimbursements; itemized wage statements and/or accuracy of wage statements; unfair competition; any unpaid wages, compensation, or premiums related to any or all of the foregoing claims; restitution for any or all of the foregoing claims; any penalties, including statutory and civil penalties, related to any or all of the foregoing claims; attorneys' fees or costs related to any or all of the foregoing claims; interest related to any or all of the foregoing claims; and/or any other damages or amounts related to any or all of the foregoing claims. This release shall be referred to here as the “Released Class Claims.” The release in this paragraph expressly excludes the Released PAGA Claims, which are released pursuant to the terms in section (III)(F)(2) below.
Released Class Claims. In consideration of their Settlement Share and other terms and conditions of this Agreement, each Class Member shall, upon the Effective Date, be deemed to have released, on behalf of their respective heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors in interest and assigns, any and all claims against Defendants and the other Released Parties the certified claims described in Section I.A, including all claims and derivative claims for unpaid wages, statutory penalties, civil penalties, interest, costs and attorneys’ fees related to the certified claims. (the “Released Class Claims”). This release shall not be limited in any way by the possibility that Plaintiffs or Class Members may discover new facts or legal theories or legal arguments not alleged in the operative pleadings in the Lawsuit but which might serve as an alternative basis for pursuing the same claims, cause of action, or legal theories falling within the definition of the Released Class Claims. The Released Class Claims are those that accrued during the Settlement Class Period; no subsequent Class Member claims are released.
Released Class Claims. 56. Upon Xxxxx’s transfer of the Maximum Settlement Amount and the amount of Urban’s share of applicable employer payroll taxes on the wage-portion of the Class Settlement Payments to the Settlement Administrator, each Class Member who has not opted out of the Settlement and the Class Representative shall be deemed to have fully, finally, and forever released Urban Releasees from all Released Class Claims as set forth in Section VII. Plaintiff, in conjunction with her requesting her Service Enhancement, also will enter into the General Release as set forth in Section VII.B.
Released Class Claims. As of the Effective Date and upon full funding of the Gross Settlement Amount and all employer payroll taxes owed on the Wage Portion of the Individual Class Payments by Defendant, 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 the Released Class Claims. The “Released Class Claims” are all claims that were alleged, or reasonably could have been alleged, based on the facts stated in the Operative Complaints, which occurred during the Class Period except as expressly set forth in this Agreement. Participating Class Members do not release any other claims, including claims for vested benefits, Plaintiff’s ninth cause of action for constructive discharge, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, and claims outside the Class Period. This means that, if you do not timely and formally exclude yourself from the settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Defendant and any other Released Party about the Released Class Claims resolved by this Settlement. It also means that all of the Court’s orders in the Action will apply to you and legally bind you.
Released Class Claims. “Released Class Claims” shall become effective upon payment of the Final Settlement Amount, and means any and all claims, demands, rights, actions, causes of action, liabilities, damages, losses, obligations, judgments, duties, suits, costs, expenses, matters and issues arising in any way during the period from December 3, 2002 through March 31, 2016, whether known or unknown, contingent or absolute, suspected or unsuspected, disclosed or undisclosed, liquidated or unliquidated, matured or unmatured, accrued or unaccrued, apparent or unapparent, including unknown claims, that could have been, or might be asserted in any court, tribunal or proceeding, against Released Entities and that arise out of, relate to, or concern the allegations in the Action, including, but not limited to, statutory, constitutional, contractual or common law claims for unpaid regular or overtime wages, improper notice, spread of hours, unpaid gratuities, service charges, prevailing wage, living wage, tips, any related wage and hour claims, interest on such claims, penalties, damages, liquidated damages, attorney’s fees, expenses, disbursements, litigation costs and fees, restitution, or equitable relief. This release includes any such claims under the New York State Labor Law and any other state or local law, but not under the Fair Labor Standards Act.
Released Class Claims. 59. Upon the Effective Date, each Class Member who has not opted out of the Settlement and the Class Representative shall be deemed to have fully, finally, and forever released GDIT Releasees from all Released Class Claims as set forth in Section VII. Plaintiff, in conjunction with his requesting his Service Enhancement, also will enter into the General Release as set forth in Section VII.B.
