Released PAGA Claims. Upon the Effective Date and funding in full of the Gross Settlement Amount by Defendant, all PAGA Members shall also release all Released Parties from all Released PAGA Claims during the PAGA Period, irrespective of whether they opted-out of the Settlement, and will be bound by this PAGA Release. The Released PAGA Claims are defined as any and all claims for civil penalties alleged under California Labor Code section 2698 et seq. (PAGA) that were asserted in the Plaintiffs' operative complaint in the Action and/or Plaintiffs' letters and communications with the LWDA; and/or that could have been asserted in the Plaintiffs' operative complaint in the Action or Plaintiffs' letters and communications with the LWDA based on the facts and/or allegations alleged in Plaintiffs' operative complaint in the Action and/or Plaintiffs' letters and communications with the LWDA. This release includes, but is not limited to, claims for PAGA civil penalties premised on: 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; stipends, per diems, or other expense reimbursements; waiting time penalties; itemized wage statements and/or accuracy of wage statements; any unpaid wages, compensation, premiums related to any or all of the foregoing claims; and attorneys' fees or costs related to any or all of the foregoing claims (“Released PAGA Claims”).
Released PAGA Claims. Upon the Effective Date, any and all PAGA claims arising out of the dispute which is the subject of the Class Action or which could have been asserted in the Class Action based on the facts alleged, whether in violation of any state or federal statute, rule or regulation, arising out of, concerning or in connection with any act or omission alleged in the Class Action by or on the part of Released Parties will be finally and fully released, resolved, discharged, and settled with prejudice as to Defendant, subject to the terms and conditions of this Settlement Agreement (collectively “PAGA Released Claims”).
Released PAGA 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 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. The “Released PAGA Claims” are all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the facts stated in the Operative Complaints and the PAGA Notice, which occurred during the PAGA Period and expressly excluding all 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, worker’s compensation, and PAGA claims outside of the PAGA Period.
Released PAGA Claims. Eligible Aggrieved Employees will specifically release and discharge Defendants for any and all claims for civil penalties under the California Labor Code and the Private Attorneys General Act (“PAGA”) predicated upon the Labor Code violations that were asserted in the Lawsuits as well as any potential penalties, interest or attorneys’ fees associated with those violations under California law. As of the Effective Final Settlement Date, the LWDA and each Eligible Aggrieved Employee, 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 PAGA Claims during the PAGA Period. The release of the Released PAGA Claims is effective, regardless of whether the Eligible Aggrieved Employee purports to submit a timely and valid request for exclusion.
Released PAGA Claims. As of the Effective Date and upon full funding of the Gross Settlement Amount by Defendant, 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 claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the facts stated in the Operative Complaint and the PAGA Notice, including claims for unpaid wages, including failure to pay minimum wages, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; non-compliant (e.g., missed, short, late, and/or interrupted) meal periods and rest periods; failure to provide meal periods; failure to authorize and permit rest periods; the calculation and payment of meal period and rest period premiums; failure to reimburse for all necessary business expenses; failure to
Released PAGA Claims. Upon the Effective Date, Defendant shall receive a release from the State of California of all PAGA claims for civil penalties under California Labor Code Sections 2698 et. seq., predicated on the violations of the applicable California Labor Code sections and applicable Wage Orders as alleged in the LWDA Notices submitted by Plaintiffs and the operative First Amended Consolidated Complaint which occurred during the PAGA Period (“Released PAGA Claims”). The Released PAGA Claims may be released against all Released Parties. The Released PAGA Claims exclude any PAGA claims outside the PAGA Period. The release of the Released PAGA Claims shall be effective as to all Aggrieved Employees, regardless of whether an Aggrieved Employee submitted a request for an exclusion from the Class. The Released PAGA Claims do not include other PAGA claims, underlying wage and hour claims, claims for wrongful termination, discrimination, unemployment insurance, disability and worker’s compensation, and claims outside of the PAGA Period.
Released PAGA Claims. The Released PAGA Claims include, for the entire PAGA Period, all claims belonging to the State of California, the LWDA, and Plaintiff (as representative of the State of California, the LWDA, and the general public) under the California Private Attorney General Act (“PAGA”), Cal. Lab. Code § 2698, et seq. to the extent such claims are predicated on a Released Class Claim.
Released PAGA Claims. Plaintiff and Aggrieved Employees will fully release and discharge Staffmark and the Released Parties from the underlying Labor Code claims asserted in Plaintiff’s LWDA letter dated February 21, 2020 (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). Even if an Aggrieved Employee chooses to opt out of the Class Settlement Agreement, s/he would still be bound by the release of PAGA claims herein.
Released PAGA Claims. 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, Plaintiff individually, and the State of California, the LWDA, and all PAGA Members, through Plaintiff acting as the proxy and agent for the State of California and the LWDA and as a Private Attorney General acting on behalf of all allegedly aggrieved current and former employees of Urban, will be deemed to have fully, finally, and forever released the Urban Releasees from all Released PAGA Claims as set forth in Section VII.
Released PAGA Claims. As of the Effective Date and upon full funding of the Total Settlement Amount by Defendant, all PAGA Members 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 the Released PAGA Claims. The “Released PAGA Claims” are all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the facts or legal theories alleged in the Operative Complaint and the PAGA Notice, which occurred during the PAGA Period, including the following: (a) all claims for civil penalties stated in the Operative Complaint alleging violations of sections 201, 202, 203, 204 et seq., 210, 218, 221, 226(a), 226.7, 227.3, 246 et seq., 510, 512, 558(a)(1)(2), 1194, 1197, 1197.1, 1198, 2802, California Code of Regulations, Title 8, Section 11040, Subdivision 5(A)-(B), California Code of Regulations, Title 8, Section 1 1070(14) (Failure to Provide Seating), and applicable Industrial Welfare Commission Wage Order(s) including Industrial Wage Order 7(A)(3); (b) all claims for civil penalties for violations of unpaid wages, including unpaid minimum, overtime, double-time wages and incentive compensation, the alleged failure to pay for all time worked, the alleged failure to pay for off the clock work, the alleged failure to pay for drug testing and other required testing and examinations, the alleged failure to pay for temperature checks and symptom questionnaires for Covid-19, the alleged failure to pay for all hours worked at correct rates, including overtime at the correct rates including, but not limited to, the regular rate of pay, the alleged improper rounding of time entries, and the alleged unlawful deductions from earned wages; (c) all claims for civil penalties for meal period violations, including late, short, interrupted, rounded, and missed meal periods and the failure to pay premiums at all, or at the correct regular rates, and the alleged failure to properly record meal periods; (d) all claims for civil penalties for rest period violations, including late, short, interrupted, missed, or otherwise improperly controlled rest breaks and the failure to pay premiums at all or at the correct regular rates; (e) all claims for civil penalties for unreimbursed expenses, including, but not limited to, expenses incurred for personal cell phone usage, mileage, and home office expenses; (f) all claims for ...
