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Released PAGA Claims Sample Clauses

Released PAGA ClaimsUpon 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 ClaimsAs of the Effective Date and upon full funding of the Gross Settlement Amount all employer payroll taxes owed on the Wage Portion of the Individual Class Payments by Defendants, 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 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 Complaint and the PAGA Notice, 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, violations of the Fair Employment and Housing Act, discrimination, unemployment insurance, disability, social security, worker’s compensation, and PAGA claims outside of the PAGA Period.
Released PAGA ClaimsUpon the Effective Date and funding in full of the Gross Settlement Amount by Defendant, all PAGA Members shall release all Released Parties from all Released PAGA Claims during the PAGA Period, irrespective of whether they opted-out of the class settlement and will be bound by this PAGA Release (the “PAGA Release”). “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. Upon full funding of the Gross Settlement Amount, 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., pled in the operative complaint or that could have been pled based upon the factual allegations contained in the operative complaint and the LWDA Notices submitted by Plaintiff that occurred during the PAGA Period as to the Aggrieved Employees (“Released PAGA Claims”). The release of the Released PAGA Claims shall be effective as 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 vested benefits, wrongful termination, discrimination, unemployment insurance, disability and worker’s compensation, and claims outside of the PAGA Period.
Released PAGA ClaimsUpon the Effective Date, each PAGA Employee will release the Released Parties of all claims pursuant to the Private Attorneys General Act (codified in Labor Code § 2698 et seq.) arising out of any facts, transactions, events, policies, occurrences, acts, disclosures, statements, omissions, or failures to act pleaded in the Operative Complaint against Defendants and/or the LWDA Notice dated June 12, 2012, including PAGA 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 waiting time penalties upon termination; (7) failure to provide adequate resting facilities; (8) failure to permit inspection of personnel file and records, (9) unfair competition and (10) violation of Labor Code § 2699 et seq.
Released PAGA ClaimsAs 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 ClaimsAs of the Effective Date and upon full funding of the Gross Settlement Amount by Defendants, in Plaintiff’s capacity as a private attorney generalAggrieved 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
Released PAGA Claims. “Released PAGA Claims” means all claims for civil 7 penalties pursuant to PAGA that arose during the PAGA Period, which were alleged the 8 Complaints or the PAGA Notice, or that could have been alleged based on the factual allegations 9 in the Complaints or PAGA Notice, against any of the Released Parties, for alleged violations of 10 California Labor Code sections 201, 202, 203, 204, 223, 226, 226.2, 226.3, 226.4, 226.7, 226.8, 11 256, 510, 512, 558, 1174, 1174.5, 1182.11, 1182.12, 1193.5, 1193.6, 1194, 1194.2, 1194.5, 1195, 12 1197, 1198, 2802, and 2698 et seq.; IWC Wage Orders, including Wage Order No. 9-2001, 13 including sections 3, 4, 7, 8, 9, 11, and 12 thereof.
Released PAGA Claims. Plaintiff Xxxxxx fully releases the claims and rights to recover civil penalties against the Releasees on behalf of the LWDA and Aggrieved Employees, to recover civil penalties, costs, expenses, attorneys’ fees, or interest against the Releasees on behalf of Aggrieved Employees and LWDA for any Labor Code or Wage Order violation alleged or could have been alleged in any Complaints or PAGA Letters, including but not limited to the Operative Complaint and Amended PAGA Letter, in the Action, including violations of the following: (1) (failure to pay minimum wage), (2) (failure to pay overtime wages), (3) (failure to provide meal and rest periods and/or premiums); (4) (failure to compensate for all hours worked); (5) (failure to provide and maintain records and to provide timely and compliant itemized wage statements); (6) (waiting time penalties); and (7) (failure to reimburse for necessary business expenditures) through Preliminary Approval. The Parties agree that there shall be no right for any Aggrieved Employee to opt out or otherwise exclude himself or herself from the release of PAGA claims. The Parties intend and agree that the Final Approval Order and the Judgment entered as a result of this Settlement shall have res judicata and preclusive effect to the fullest extent allowed by law.
Released PAGA ClaimsNamed Plaintiff, the LWDA, and the Aggrieved 22 Employees on behalf of themselves and their respective former and present 23 representatives, agents, attorneys, heirs, administrators, successors, and assigns, 24 release, discharge, and are forever barred from pursuing against Defendants and the 25 Released Parties any and all claims for civil penalties under PAGA (the California 26 Labor Code Private Attorneys General Act (Cal. Labor Code § 2698 et seq.)) for any 27 and all claims set forth, or reasonably could have been set forth based on the facts 28 alleged in the Operative Complaint or PAGA Notice, including: (1) unpaid overtime 1 wages in violation of Labor Code sections 510, 1194, 1197, and 1198, and the 2 applicable IWC Wage Order(s); (2) failure to provide compliant meal periods and pay 3 missed meal period premiums in violation of Labor Code sections 226.7 and 512, and 4 the applicable IWC Wage Order(s); (3) failure to pay all wages due and owing at 5 separation in violation of Labor Code sections 201, 202, and 203.