Settlement Class Members’ Release. Settlement Class members and Plaintiff will release Released Parties from all claims, demands, rights, liabilities, and any and all claims and causes of action under state, federal and local law, known or unknown, that were pled or could have been pled in the operative Second Amended Complaint in the Action arising out of the factual allegations made in the operative complaint and that reasonably arise or could have arisen out of the facts alleged in the operative complaint, that arose during the Class Period defined above with respect to the following claims: (i) failure to provide meal periods; (ii) failure to authorize and permit rest periods; (iii) failure to provide accurate, itemized wage statements; (iv) failure to timely pay all wages upon termination; (v) failure to pay all minimum wages; (vi) failure to pay all overtime wages; (vii) failure to reimburse necessary business expenses; and (viii) all claims for unfair business practices that could have been premised on the facts, claims, causes of action or legal theories described above; and (ix) all other claims for damages, penalties, liquidated damages, punitive damages, interest, attorney fees, litigation costs, restitution, or equitable relief that allegedly arise out of the aforementioned claims (collectively, the “Released Claims”). These Released Claims include, but are not limited to, all claims for damages, penalties and/or attorney fees and costs under Labor Code §§ 201-204, 210, 218.5, 218.6, 226, 226.3, 226.7, 510, 512, 516, 558, 1174, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 2698, et. seq., (PAGA), 2802, Wage Order No. 8, Code of Civil Procedure §1021.5 and Business and Professions Code § 17200 based on the facts as alleged in the Second Amended Complaint that accrued at any time during the Class Period.
Settlement Class Members’ Release. Settlement Class members and Plaintiff will release any and all claims, charges, complaints, obligations, promises, agreements, suits, rights, costs, losses, liens, penalties, fines, wages, liquidated damages, restitutionary amounts, interest, punitive damages, controversies, liabilities, debts, liabilities, demands, obligations, money owed, interest, guarantees, costs, expenses (including, without limitation, back wages, penalties, liquidated damages, and attorneys’ fees and costs actually incurred), attorneys’ fees and costs, damages, actions or causes of action of any nature for, known or unknown, suspected or unsuspected, which were alleged in the operative Complaint in the Action or which could have been alleged based on the facts in the operative Complaint in the Action that arose during the Class Period, both on behalf of the named class representative and on behalf of the entire class, including claims for: failure to pay all overtime wages (Labor Code §§ 204, 510, 558, 1194, 1198); minimum wage violations (Labor Code §§ 1182.12, 1194, 1194.2, 1197); meal period violations (Labor Code §§ 204, 210, 226.7, 512, 558); rest period violations (Labor Code §§ 226.7, 516, 558); wage statement violations (Labor Code § 226, et seq.); waiting time penalties (Labor Code §§ 201-203); all claims for unfair competition (Business and Professions Code § 17200, et seq.) that could have been premised on the facts, claims, causes of action or legal theories described above; and civil penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”) (Labor Code § 2698, et seq.) that could have been premised on the facts, claims, causes of action or legal theories described above (collectively, the “Released Claims”).
Settlement Class Members’ Release. Settlement Class Members and Plaintiff will release and forever discharge all claims, demands, rights, liabilities and causes of action that were pled in, or arising out of facts asserted in, the operative Second Amended Complaint that arose during the Class Period with respect to the following claims: (a) failure to pay all overtime wages owed; (b) failure to pay minimum wages owed; (c) failure to provide meal periods, or premium pay for non-compliant meal periods; (d) failure to authorize and permit rest periods, or premium pay for non-compliant rest periods; (e) failure to issue accurate, itemized wage statements; (f) failure to pay all wages due upon separation of employment; and (g) all claims for unfair business practices that could have been premised on the facts, claims, causes of action or legal theories described above (collectively, “Released Claims”). Except as provided for under the Settlement Agreement, Class Members (who do not submit a timely Request for Exclusion) will not be eligible to receive or receive any additional wages or penalty payments based on the Released Claims from Defendants. The time period for the release of the Released Claims against the Released Parties shall be the same time period as the Class Period. PAGA Release: PAGA Employees, including Plaintiff, will release and forever discharge all claims, demands, rights, liabilities and causes of action under the California Labor Code Private Attorneys General Act of 2004 against the Released Parties based on (as alleged in the letters to the Labor & Workforce Development Agency (“LWDA”) January 30, 2020 and December 9, 2020): the (a) failure to pay all overtime wages owed; (b) failure to pay minimum wages owed; (c) failure to provide meal periods, or premium pay for non-compliant meal periods; (d) failure to authorize and permit rest periods, or premium pay for non-compliant rest periods; (e) failure to issue accurate, itemized wage statements; and (f) failure to pay all wages due upon separation of employment that occurred during the PAGA Period (collectively, “PAGA Released Claim”). The PAGA Period and the time period of the PAGA Released Claims is defined as the time period January 30, 2019 through [the date the Court enters the order granting preliminary approval] (“PAGA Period”). The releases identified herein shall become effective on the date on which Defendants fully fund the Settlement (“Effective Date of the Release”). Upon the Effective Date of the Release, all ...
Settlement Class Members’ Release. As consideration for this Agreement, as of the date of payment for of the Incentive Awards, the Settlement Class Members, including each and every one of their respective agents, representatives, attorneys, heirs, assigns, or any other person acting on their behalf or for their benefit hereby generally release and discharge Released Parties from any and all claims, demands, rights, causes of action, compensatory and punitive damages, attorneys’ fees, costs, debts that were asserted in the Fifth Amended Complaint.
Settlement Class Members’ Release. By entry of the Final Approval Order, for the monetary and non-monetary consideration described in this Agreement, the receipt and sufficiency of which are hereby acknowledged, Settlement Class Members agree to fully and forever release, waive, acquit, and discharge Defendant and the other Released Parties from any and all claims (including but not limited to claims for actual, statutory, and/or punitive damages) that such individuals have or may have under 15 U.S.C. § 1681e(b), 15 U.S.C. § 1681k(a), and any and all other analogous state law claims. This is a general release as to those claims released and is subject to California Civil Code § 1542 and Section 8.3 herein. Such individuals further agree not to serve as a class representative in a future suit against Defendant for claims arising out of or relating directly or indirectly in any manner to the facts alleged or which could have been alleged or asserted in the Complaint or Amended Complaint.
Settlement Class Members’ Release. Except for the obligations and rights created 5 by this Agreement, the Releasing Parties hereby fully, finally, and forever, waive, release, and 7 Claims and promise never to assert in any forum any and all Settled Claims as of the Final Effective 8 Date. Upon the Final Effective Date, all Settlement Class Members will be bound by the Settlement 9 and releases herein, regardless of whether or not they received a settlement payment.
Settlement Class Members’ Release. After the Judgment is final and Defendant have fully funded the Gross Settlement Amount, and separately paid all employer payroll taxes, Settlement Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Defendant or related entities for wages based on the Class Period facts and PAGA Payment based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Settlement Class Members will be bound by the following release: all Settlement Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from all causes of action and claims that were alleged in the Action or reasonably could have been alleged based on the facts and legal theories contained in the operative complaint, including all of the following claims for relief: (i) failure to pay all regular rate wages, minimum wages, and overtime wages due; (ii) failure to provide compliant meal periods;
Settlement Class Members’ Release. Settlement Class members and Plaintiff will release all claims, demands, rights, liabilities and causes of action that were pled, or which could have been pled in the operative First Amended Complaint in the Action based on the factual allegations therein, that arose during the Class Period with respect to the following claims, that arose during the Class Period with respect to the following claims: (a) failure to pay all overtime wages owed; (b) failure to pay all minimum wages owed; (c) failure to provide meal periods, or premium pay for non-compliant meal periods; (d) failure to authorize and permit rest periods, or premium pay for non-compliant rest periods; (e) failure to reimburse necessary business expenses; (f) failure to issue accurate, itemized wage statements; (g) failure to pay all wages upon termination; (h) all claims for unfair business practices under Business and Professions Code section 17200, et seq that could have been premised on the facts, claims, causes of action or legal theories described above; and (i) violations of Labor Code sections 201, 202, 203, 204, 210, 218.5, 218.6, 226 et seq., 226.3, 226.7, 510, 512, 516, 558, 1118.12, 1194, 1194.2, 1197, 1197.1, 1198, 2802 and 2698, et seq., and the Industrial Welfare Commission Wage Orders, including, but not limited to, IWC Wage Order No. 16 and claims under Code of Civil Procedure section 1021.5, Civil Code sections 3287 and 3289 that could have been sought based on the causes of action or legal theories described above (collectively, the “Released Claims”).
Settlement Class Members’ Release. As of the Effective Date of the Agreement, each Settlement Class Member shall be deemed to have fully, finally and forever released the Defendants from all Released Claims. Without limiting the foregoing, the Released Claims released pursuant to this Agreement specifically extend to all claims and potential claims that Settlement Class Members do not know or suspect to exist in their favor as of or prior to the Effective Date. The Parties agree (and by operation of law, all Settlement Class Members are deemed to agree) that this Section constitutes a waiver of California Civil Code section 1542 and any similar or comparable provisions, rights and benefits conferred by the law of any state or territory of the United States or any jurisdiction, and any principle of common law. California Civil Code section 1542 provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. By operation of law, each Settlement Class Member shall be deemed to understand and acknowledge the significance of these waivers of California Civil Code Section 1542 and/or of any other applicable law relating to limitations on releases. In connection with such waivers and relinquishment, each Settlement Class Member shall be deemed to acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they now know or believe to be true with respect to the subject matter of the Agreement, but that they are deemed to release fully, finally and forever all Released Claims, and in furtherance of such intention, the release will remain in effect notwithstanding the discovery or existence of any such additional or different facts. The Parties acknowledge (and all Settlement Class Members by operation of law shall be deemed to have acknowledged) that the release of unknown Released Claims is an essential and material term of this Agreement, and that without such release the Settlement would not have been agreed to. Notwithstanding the foregoing waiver, nothing in this Section 7.3 shall be construed to release any claim which is not a Released Claim, such as claims arising from breach of this Agreement, including the warranty in Section 7.1.
Settlement Class Members’ Release. Settlement Class members and Plaintiff Xxxxxxx will release all claims, demands, rights, liabilities and causes of action that were pled in the operative Complaint in the Action (which is the proposed Fourth Amended Complaint attached hereto as Exhibit A), or which could have been pled in the operative Complaint in the Action (which is the proposed Fourth Amended Complaint attached hereto as Exhibit A) based on the factual allegations therein, that arose during the Class Periods described in paragraph 1 above, including but not limited to the following claims: a) failure to pay all overtime wages owed; (b) failure to pay all minimum wages owed; (c) failure to provide meal periods, or premium pay for non-compliant meal periods; (d) failure to authorize and permit rest periods, or premium pay for non-compliant rest periods; (e) failure to issue accurate, itemized wage statements; (f) failure to pay all wages upon termination; and (g) all claims for unfair business practices that could have been premised on the facts, claims, causes of action or legal theories described above (collectively, the “Released Claims”).
