Released PAGA Claims. Upon Defendant’s fulfillment of its payment obligations under Section III (J)(9)(a) below, the claims that Plaintiffs, the other Eligible Aggrieved Employees, and the LWDA 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 PAGA Timeframe and that were 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. Eligible Aggrieved Employees further covenant not to xxx concerning the Released PAGA 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 Eligible Aggrieved Employees regarding the Released PAGA Claims as provided for herein.
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. 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. 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 provide payment for all hours worked, including off-the-clock work and rounded time; wage statements; failure to keep accurate records; unlawful deductions and/or withholdings from wages; failure to timely pay wages; and failure to timely pay final wages. The Released PAGA Claims include claims for violation of the Wage Orders of the California Industrial Welfare Commission and the following California Labor Code sections: 201, 202, 203, 204, 206, 210, 226, 226.7, 510, 512, 558, 1194, 1197, 1197.1, 1198, 2802, 2698 et seq., and 2699, et seq.). Aggrieved Employees’ Released PAGA Claims are limited to the PAGA Period.
Released PAGA Claims. Released PAGA Claims means the claims being released as described in Paragraph 6.2 below.
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 by Defendants, in Plaintiff’s capacity as a private attorney general “Aggrieved 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. 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 First Amended Complaint and the PAGA Notice, which occurred during the PAGA Period, which occurred during the PAGA Period. 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 PAGA claims outside of the PAGA Period.
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 full funding of the Settlement, the Released Parties shall be entitled to a release from the State of California and the Aggrieved Employees of 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, which occurred during the PAGA Period. The Released PAGA Claims do not include all other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts occurring outside the PAGA Period (“Released PAGA Claims”). 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.
Released PAGA Claims. Upon the Effective Date, the PAGA claims will be resolved that resulted from violations of Labor Code section 201 for failure to pay all wages earned and unpaid at the time of discharge; violations of Labor Code section 202 for failure to pay all wages earned within 72 hours of quitting; violations of Labor Code section 203 for failure to pay penalties owed to employees; violations of Labor Code section 204 for failure to pay all wages earned on a semi-monthly basis; violations of Labor Code section 206 for failure to pay all wages due, without condition and within the time set by the applicable article, all wages, or parts thereof, conceded to be due; violations of Labor Code section 216 for willfully refusing to pay wages due and payable after demand was made; violations of Labor Code section 223 for secretly paying a lower wage while purporting to pay the wage designated by statute; violations of Labor Code section 226 for failure to provide accurate wage statements and failure to maintain records; violations of Labor Code section 226.7 for failure to provide and/or failure to timely provide meal periods and/or rest breaks; violations of Labor Code section 510 for failing to compensate for overtime; violations of Labor Code section 512 for failure to provide a meal period; violations of Labor Code sections 551, 552, and 553 for failure to ensure that employees receive one day off per week; violations of Labor Code section 1174 for failure to maintain required records; violations of Labor Code section 1194 for failure to pay minimum and/or overtime wages for all hours worked; violations of Labor Code sections 1197 and 1197.11 for failure to pay at least the minimum wage for all hours worked and a failure to maintain records (including but not limited to split shift premiums); violations of Labor Code section 1198 for violations of maximum hours worked; violations of Labor Code section 1199 for violations, refusal or neglect to comply with the wages hours and working conditions chapter of the Labor Code, or any order or ruling of the commission; and violations of Labor Code section 2802 for a failure to indemnify for all necessary expenditures or losses incurred by employees (collectively, the “PAGA Released Claims”). The PAGA Released Claims are those that accrued during the PAGA Settlement Period. No subsequent claims are released. The Parties intend that the PAGA Released Claims are resolved whether or not a PAGA Employee actually receives a payment pu...
