PAGA Release Clause Samples
A PAGA Release is a contractual provision in which an employee waives their right to bring claims under California’s Private Attorneys General Act (PAGA) against their employer. This clause typically applies in settlement agreements, where the employee agrees not to pursue representative actions for alleged Labor Code violations on behalf of themselves or other employees. Its core function is to protect employers from future PAGA lawsuits by resolving potential claims in advance, thereby reducing legal risk and providing certainty regarding labor-related liabilities.
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PAGA Release. As of the Effective Final Settlement Date, the LWDA and each Eligible Aggrieved Employee, including Plaintiff, individually and on behalf of their heirs, executors, administrators, representatives, attorneys, successors and assigns are hereby voluntarily and knowingly barred from bringing any action for the PAGA Released Claims during the PAGA Period. The release of the PAGA Released Claims is effective regardless of whether the Eligible Aggrieved Employee submits a timely and valid request for exclusion. The release does not include claims that as a matter of law cannot be released and does not include claims for retaliation, discrimination, wrongful termination, and individual claims for the recovery of workers’ compensation benefits.
PAGA Release. As of the Effective Final Settlement Date, the LWDA and each Eligible Aggrieved Employee, including Plaintiff, individually and on behalf of their heirs, executors, administrators, representatives, attorneys, successors and assigns hereby voluntarily and knowingly is barred from bringing for the PAGA Released Claims during the PAGA Period. The release of the PAGA Released Claims is effective, regardless of whether the Eligible Aggrieved Employee submits a timely and valid request for exclusion.
PAGA Release. The phrase “
PAGA Release. PAGA Employees, including Plaintiff, will release and forever discharge all claims, demands, rights, liabilities and causes of action for penalties under California Labor Code Private Attorneys General Act of 2004 against the Released Parties based on (as alleged in the letter to the Labor & Workforce Development Agency (“LWDA”) October 28, 2020 and the operative Complaint (which is the proposed First Amended Complaint attached hereto as Exhibit A) for:
(a) failure to pay all overtime wages owed; (b) failure to pay all minimum wages owed; (c) failure to pay all wages at the agreed-upon rate; (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-complaint rest periods;
(e) failure to provide accurate, itemized wage statements; and (f) failure to timely pay wages upon separation of employment (collectively, “PAGA Released Claims”). The PAGA Period and the time period of the PAGA Released Claims is defined as the time period of November 6, 2016 through date of preliminary approval of the Settlement (“PAGA Period”).
PAGA Release. As of the Settlement Effective Date and upon funding in full of the Gross Settlement Amount by Defendant, all PAGA Employees shall release all Released PAGA Claims, irrespective of whether they opted-out of the class settlement, and will be bound by this PAGA Release.
PAGA Release. All Aggrieved employees, including any Non-Participating Class Members who is an Aggrieved Employee 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 in the Operative Complaint, or reasonably could have been alleged in the Operative Complaint, or that reasonably arise from or reasonably relate to the facts and claims alleged in the Operative Complaint based on the PAGA Period facts, the PAGA Notice, and as ascertained in the course of the Action (the Released PAGA Claims).
PAGA Release. Upon Defendant’s funding of the Gross Settlement Fund, the named Plaintiff acting as agent and proxy of the LWDA is releasing, waiving, and fully extinguishing the claims of the LWDA predicated on the claims alleged in Plaintiff’s PAGA letters and/or Complaint, and arising during the PAGA Covered Period (the “PAGA Claims”). The foregoing release shall be binding on Plaintiff and the State of California, and shall bar by res judicata any claim under PAGA brought by any person, including the PAGA Employees, on behalf of the State of California, as to any civil penalty claims predicted on the PAGA Claims
PAGA Release. In consideration for the promises and payments provided for in this PAGA/Class Agreement, Bankwitz, Jacobo, all PAGA Members, and the State of California shall be deemed to have fully, finally, and forever waived, released, relinquished, and discharged Ecolab and the Released Parties from any and all PAGA claims that were asserted or could have been asserted in any LWDA Notice, pleading, or complaint filed in connection with the Bankwitz Action asserting claims for penalties under the PAGA, up until and including the date of Final Approval.
PAGA Release. Plaintiff on behalf of himself and the State of California, 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 for penalties that could have been sought by the California Labor Commissioner against the Released Parties as alleged in Plaintiff’s April 8, 2021 letter to the LWDA (attached hereto as Exhibit A) and to the extent alleged in the operative complaint in the Action based on the: the (a) failure to pay all minimum wages owed; (b) failure to pay overtime 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; and (e) failure to timely 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 July 23, 2019 through the date the Court enters the order granting preliminary approval (or the earlier date if Defendant exercises its right under Paragraph 4.D. to shorten the PAGA Period). The Parties expressly acknowledge that the release on behalf of the State of California will extinguish any and all claims for penalties that the State of California could have brought on behalf of the PAGA Employees, and that the PAGA Employees therefore will, after judgment is entered in this Action following final approval of the Settlement, be barred by the doctrines of res judicata and/or claim preclusion from pursuing PAGA penalties with respect to the claims at issue in the in the operative complaint and as alleged in Plaintiff’s April 8, 2021 letter to the LWDA, whether brought on an individual, representative, or collective basis.
PAGA Release. PAGA Employees, including Plaintiff (and including those who opt-out from the Class portion of the Settlement), will release and forever discharge the Released Parties form all claims, demands, rights, liabilities and causes of action for civil penalties under California Labor Code Private Attorneys General Act of 2004 which were pled in the letter to the Labor & Workforce Development Agency (“LWDA”) dated August 27, 2021 and the Complaint in the Action, or which could have been pled in the Complaints in the Action that arose during the PAGA Period pertaining to the failure to provide accurate, itemized wage statements (collectively, “PAGA Released Claims”). The PAGA Period and the time period of the PAGA Released Claims is defined as the time period of August 27, 2020 through January 28, 2022 (“PAGA Period”).