Released Class Claims. Upon Defendants’ fulfillment of its payment obligations pursuant to Section III (J)(9)(a) of this Agreement, in exchange for the consideration provided by this Agreement, Plaintiff and the other Participating Class Members shall release any and all facts and claims asserted in the operative complaint in the Actions and any other claims that could reasonably have been asserted in the Actions based on the facts alleged and arising at any time during the Class Period, including, but not limited to, federal or state wage and hour claims for: (1) unpaid overtime; (2) unpaid minimum wages; (3) failure to provide meal periods; (4) failure to authorize and permit rest periods; (5) non-compliant wage statements and failure to maintain payroll;
Released Class Claims. All members of the Class, except for those who timely request exclusion, will release and discharge the Released Parties from any and all wage-and-hour claims, rights, demands, liabilities and causes of action of every nature and description whether pled or could have been pled based on the factual allegations made in the Lawsuits against Defendants, for the duration of the Class Period, based upon the following categories of allegations: failure to pay minimum wages, failure to pay overtime wages, failure to pay doubletime wages, failure to pay for off-the-clock work, failure to provide meal periods or meal period premium payments, failure to provide rest periods or rest period premium payments, failure to provide accurate itemized wage statements, failure to properly calculate, provide and pay paid sick leave, failure to timely pay wages due during employment, and failure to pay all wages due upon termination of employment, violation of the applicable provisions of the California Labor Code, violation of applicable portions of the California Code of Regulations, Title 8, section 11040, violation of California’s unfair business practices and unfair competition laws to the extent they arise from violations of the Labor Code provisions alleged in the Lawsuits. As of the Effective Final Settlement Date, the Class Members, including Plaintiffs, individually and on behalf of their heirs, executors, administrators, representatives, attorneys, successors and assigns are voluntarily and knowingly barred from bringing the Released Class Claims during the Class Period.
Released Class Claims. As of the Effective Date and upon full finding of the Gross Settlement Amount 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 as follows:
Released Class Claims. The Released Class Claims include, for the entire Class Period, all claims made or that could have been made against the Releasees based on the facts and circumstances alleged in the Complaints, including claims under California Labor Code sections 201-204, 205.5, 218, 218.5, 222-224, 226, 226.7, 233-234, 246, 246.5, 510, 512, 515, 558, 1174- 1175, 1194-1197.1, 1199, California Code of Regulations, Title 8, Sections 11090, 11040, and 11070, the federal Fair Labor Standards Act, California Business and Professions Code section 17200, et seq., California Wage Order No. 9-2001; and any claim for attorneys’ fees and costs related to the above- referenced released claims.
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. 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 Total Settlement Amount 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. “Released Class Claims” means the following: for the California Class Members, all wage and hour Class claims that were alleged, or reasonably could have been alleged, based on the wage and hour factual or legal theories alleged in the Operative Complaint, including all of the following: (a) all class claims stated in the Operative Complaint alleging violations of California Labor Code sections 201, 202, 203, 204, 210, 218, 221, 226, 226.7, 233, 246, 246.5, 510, 512, 1194, 1194.2, 1197, 1197.1,
Released Class Claims. Upon the Effective Date, and except as to the right to enforce the terms and conditions of this Agreement, each Participating Class Member will release the Released Parties of all claims, actions, demands, causes of action, suits, debts, obligations, demands, rights, liabilities, or legal theories of relief, that were or could have been pleaded under local, state or federal law arising out of any facts, transactions, events, policies, occurrences, acts, disclosures, statements, omissions, or failures to act pleaded in the Operative Complaint, including, but not limited to, claims for (1) failure to pay regular, minimum, and overtime wages; (2) failure to provide accurate itemized wage statements; (3) failure to provide rest periods; (4) failure to provide meal periods; (5) failure to reimburse necessary business expenses; (6) failure to pay all wages owed upon termination; (7) failure to provide adequate resting facilities; (8) failure to permit inspection of personnel file and records; and (9) unfair competition.
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. 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 sue 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.
