Participating Class Members’ Release. After the Judgment is final and Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating 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 claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, including, e.g., any and all claims involving: (1) any alleged failure to pay wages (including minimum wage); (2) any alleged failure to pay overtime compensation; (3) any alleged failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay wages due upon separation; and (7) any alleged unlawful, unfair, or fraudulent business actions or practices under Business and Professions Code §§ 17200, et seq. arising out of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described below, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, including, e.g., any and all Complaint including claims involving:
(1) any alleged for failure to pay wages (including minimum wage); (2) any alleged wages, failure to pay overtime compensation; wages, failure to pay the correct applicable overtime rate, failure to pay all hourly wages including minimum and overtime wages as a result of auto-deductions for meal periods, unlawful and inaccurate recording of time, off-the-clock work, failing to authorize and permit meal breaks (3) any alleged including requiring, suffering, and/or permitting Class Members to work through meal breaks), failure to authorize and permit rest periods, failure to indemnify for necessary business expenses including for mileage and cell phone use, failure to timely pay final wages at termination, failure to properly maintain required records, failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) , unfair and unlawful business practices, and any alleged failure to timely pay wages due upon separation; and (7) any alleged unlawfulother claims, unfair, or fraudulent business actions or practices under Business and Professions Code §§ 17200, et seqincluding claims for statutory and/or civil penalties. arising out Except as set forth in Section 6.3 of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described belowSettlement Agreement, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating 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 claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, including, e.g., Complaint and ascertained in the course of the Action including any and all claims involving:
(1) involving any alleged failure allegations that Defendant: failed to pay all wages due (including minimum wagewages, regular wages, sick pay, vacation, paid time off and overtime wages); (2) any alleged failure failed to provide legally-compliant meal and rest breaks and failed to pay overtime premium pay for missed, late, interrupted or short meal and rest breaks; failed to timely pay all earned wages and compensation; (3) any alleged failure failed to provide compliant meal periods, or compensation in lieu thereoftimely final pay; (4) any alleged failure failed to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged failure failed to timely pay wages due upon separationreimburse for necessary business expenses; and (7) engaged in unfair business practices due to the underlying violations at any alleged unlawfultime during the Class Period. This includes any claims for injunctive relief, unfairdeclaratory relief, or restitution, fraudulent business actions practices or practices punitive damages alleged or other damages or penalties or which could have been alleged under the facts, allegations and/or claims pleaded as part of the Action. This further includes any and all other claims under California common law, the California Labor Code including but not limited to the Fair Labor Standards Act, California Industrial Welfare Commission Wage Orders, and the California Business and Professions Code §§ 17200alleged in or that could have been alleged under the facts, et seqallegations and/or claims pleaded in the Action. arising out Except as set forth in Section 5.3 of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described belowSettlement Agreement, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant ABR has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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, sue or be part of any other lawsuit against Defendant ABR or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, successors and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, Complaint and ascertained in the course of the Action including, e.g., any and all claims involving:
(1) any alleged failure to pay wages (including minimum wage); (2) any alleged all straight time wages, failure to pay all overtime compensation; (3) any alleged wages, failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant authorize and permit rest breaksperiods, or compensation in lieu thereof; (5) any alleged failure to provide adopt a compliant accurate itemized wage statements; (6) any alleged sick pay policy, failure to timely comply with itemized employee wage statement provisions, failure to pay all wages due upon separation; at the time of termination, failure to reimburse/illegal deductions, and (7) any alleged unlawful, unfair, or fraudulent business actions or practices under Business and Professions Code §§ 17200, et seq. arising out violation of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in Unfair Competition Law. This release will be for the Operative ComplaintClass Period. Except for as set forth in Section 5.3 of the PAGA Release described belowSettlement Agreement, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant Aero Bending has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 Aero Bending or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All all Participating Class MembersMembers release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release any and all claims against Aero Bending and the Released Parties from all claims that were alleged, arise out of or reasonably could have been allegedrelate to the claims, based on rights, demands, liabilities, and causes of action, whether known or unknown, arising from the Class Period same set of operative facts stated as those alleged in the Complaint, the Operative Complaint, includingand/or the applicable LWDA letters, e.g.including those claims which could have been asserted based on the facts alleged in the Complaint, any and all the Operative Complaint, and/or LWDA letters, through the Release Period. Such released claims involving:
(1) any alleged include claims for failure to pay overtime, failure to calculate any wages based on the regular rate of pay (including minimum wagesick time or any other time off that must be paid based on the regular rate of pay); (2) any alleged failure to pay overtime compensation; (3) any alleged failure to provide compliant , for meal periodsperiod violations, or compensation in lieu thereof; (4) any alleged failure to provide compliant for rest breaksperiod violations, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged for wages statement violations, for failure to timely pay wages due upon separation; and (7) any alleged unlawfulall final wages, unfairfor expenses, statutory penalties, civil penalties, or fraudulent business actions or practices other relief under the California Labor Code, relief from unfair competition under California Business and Professions Code §§ 17200, section 17200 et seq. arising out of .; attorneys’ fees and costs; and interest (the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described below, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workersMembers’ compensation, or claims based on facts occurring outside the Class Period.Released Claims”)..
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant Honeybee has fully funded the Gross Settlement (Settlement, and separately paid all employer payroll taxes), Participating 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 Honeybee or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, Complaint and ascertained in the course of the Action including, e.g., any and all claims involving:
(1) involving any alleged failure to pay minimum wages, overtime wages, wages (including minimum wage); (2) any alleged failure to pay overtime compensation; (3) any alleged failure due upon termination, reimbursable expenses, sick days, and failing to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged , and failure to provide wages on a timely pay wages due upon separation; and (7) any alleged unlawful, unfair, or fraudulent business actions or practices under Business and Professions Code §§ 17200, et seqbasis. arising out Except as set forth in Section 6.3 of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described belowSettlement Agreement, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: :
6.1 All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, the LWDA Letter, and ascertained in the course of the Action including, e.g., any and all but not limited to claims involving:
(1for ( a) any alleged failure to pay wages (including minimum wage); (2) any alleged minimum, straight time, overtime, or double time wages, and failure to pay overtime compensationother wages of any kind during employment; (3b) any alleged failure to authorize and permit rest periods or pay rest period premiums; (c) failure to provide compliant meal periods, periods or compensation in lieu thereofpay meal period premiums; (4d) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate and itemized wage statements; (6e) any alleged failure to maintain accurate employment records; (f) failure to pay timely wages; (g) failure to pay final wages due upon at separation; (h) failure to reimburse or indemnify all necessary business expenses, (i) civil penalties under PAGA based on the alleged Labor Code violations and applicable Wage Orders; (7j) any alleged unlawful, unfair, or fraudulent business actions or practices claims brought under Business and & Professions Code §§ section 17200, et seq. arising out ., based on the aforementioned ,including, but not limited to all claims for unfair, unlawful and harmful conduct to class members, the general public, and Defendant’s competitors and claims of unlawfully gaining an unfair advantage over other businesses, and all damages, interest, penalties, attorneys’ fees, costs, and other amounts recoverable based on the aforementioned, to the extent permissible, including, but not limited to, the California Labor Code and Industrial Welfare Commission (“IWC”) the applicable Wage Order violations referenced in the Operative ComplaintOrders. Except for the PAGA Release described belowas set forth in Section 6.3 of this Agreement, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant Ambitions has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 Ambitions or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf release Ambitions and each of themselves and their respective its former and present representativesdirectors, agentsofficers, shareholders, owners, attorneys, heirsinsurers, administratorspredecessors, successors, and assigns, release and affiliates (“Released Parties Parties”) from the following claims: DocuSign Envelope ID: AC9F757F-60E8-4E69-A505-9939CD2B121B [A]ny and all claims claims, damages, or causes of action alleged in, or arising out of, the allegations in the Consolidated Complaint (as defined below) in the Action that arose during the Class Period and which were alleged, or reasonably could have been alleged, by Plaintiffs based on any of the Class Period facts stated factual allegations contained in the Operative ComplaintConsolidated Complaint in the Action, including, e.g.but not limited to, any claims under state, federal (i.e., Fair Labor Standards Act (“FLSA”)) or local law including, but not limited to claims for unpaid minimum and all overtime wages (including, inter alia, in connection with off-the-clock work and improper rounding of time), claims involving:
(1) any alleged related to non-compliant meal and rest breaks or periods and nonpayment of premium pay for such, failure to comply with itemized employee wage statement provisions, failure to pay wages (including minimum wage); (2) any alleged failure to pay overtime compensation; (3) any alleged failure to provide compliant meal periodsdue at separation and associated waiting time penalties, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay wages due upon separation; during employment, failure to maintain compliant time and (7) any alleged unlawfulpayroll records, unfairthe failure to reimburse for business expenses, and unfair or fraudulent unlawful business actions or practices under pursuant to California Business and Professions Code §§ 17200, et seq. based on the aforementioned. The Released Class Claims specifically include, but are not limited to, all claims arising out of the under California Labor Code sections 201, 202, 203, 204, 210, 218.5, 226, 226.7, 510, 512, 558, 558.1, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, 2800 and 2802, California Industrial Welfare Commission (“IWC”) Wage Order violations referenced 5-2001, California Business and Profession Code sections 17200, et seq., California Code of Civil Procedure section 1021.5, and California common law of contract, interest and claims for attorney’s fees relating in any way to those claims alleged and mentioned in the Operative Complaint. Except for Complaint in the PAGA Release described below, Participating Class Members do not release any 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 Class PeriodAction.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating 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 claims that were alleged, or that reasonably could have been alleged, in the Lawsuit based on the Class Period facts stated in the Operative Complaint, including, e.g., any and including all claims involving:
for (1) any alleged failure to pay all minimum wages (including minimum wage)and liquidated damages; (2) any alleged failure to pay all overtime compensationwages, including but not limited to due to failure to properly calculate the regular rate of pay; (3) any alleged failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereofperiods; (5) any alleged failure to provide compliant accurate accurate, itemized wage statements; (6) any alleged failure to timely pay wages due upon separationwaiting time penalties; and (7) any alleged unlawfulillegal deductions from wages; (8) failure to reimburse business expenses, unfairand (9) unfair business practices during the Class Period (“Released Claims”). Class Members shall release the Released Claims for the entire Class Period, or fraudulent business actions or practices under Business and Professions Code §§ 17200, et seq. arising the judgment on this Settlement will have res judicata effect as to the Released Claims for all Class Members who do not opt-out of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaintthis Settlement. Except for the PAGA Release described below, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Participating Class Members’ Release. After the Judgment is final and Defendant CTI has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 CTI or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative ComplaintComplaint and ascertained in the course of the Action, including, e.g.under state law and the Wage Orders of DocuSign Envelope ID: 7BF4E2F8-D94D-43CA-A2F0-9AC691A792C6 the California Industrial Welfare Commission, any and all that were alleged or which could have been alleged based on the factual allegations in the Class Action Complaint in the Action, including claims involving:
(1) any alleged for unpaid wages, including but not limited to failure to pay wages (including minimum wage); (2) any alleged failure to pay wages, straight time compensation, overtime compensation, double time compensation, and interest; (3) any alleged failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay regular and final wages; wages due upon separationrelated to time rounding and timekeeping; missed meal period and rest period wages and premiums; meal period waivers and on-duty meal period waivers; payment for all hours worked, including off-the-clock work and uncompensated work time; wage statements and paystubs, including wage statements and paystubs furnished or available in physical, electronic, or other forms; failure to keep accurate records; deductions; declaratory relief; unfair business practices; penalties, including recordkeeping penalties, wage statement penalties, minimum-wage penalties, and waiting-time penalties; statutory penalties and civil penalties; and (7) any alleged unlawfulattorneys’ fees and costs. Without limiting the foregoing, unfairthe Released Claims include those claims arising under California Labor Code Sections 201, or fraudulent business actions or practices 202, 203, 204, 206, 218.6, 226, 226.7, 510, 512, 1182.12, 1194, 1194.2, 1197, 1198 and/or those arising under the Industrial Welfare Commission Wage Orders; California Business and Professions Code section 17200 et seq.; California Code of Regulations, title 8, Section 11160; the California Civil Code sections 3287, 3289, and 3294; California Code of Civil Procedure section 1021; and any claims under the Fair Labor Standards Act (“FLSA”) [29 U.S.C. §§ 17200201, et seq. .] arising out of during the Labor Code Class Period and Industrial Welfare Commission (“IWC”) Wage Order violations referenced based on the factual allegations alleged or which could have been alleged in the Operative ComplaintComplaint.5. Except for the PAGA Release described below, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Participating Class Members’ Release. After the Judgment is final and Defendant QNAP has fully funded the Gross Settlement (and separately paid all employer payroll taxes), ,Participating 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 QNAP or related entities for wages or penalties based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating 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 claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, Complaint including, e.g., any and all claims involving:
(1) involving any alleged failure to pay wages (including minimum wage); (2) any alleged , failure to pay overtime compensation; (3) any alleged overtime, failure to provide compliant furnish meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant furnish rest breaksperiods, or compensation in lieu thereof; (5) any alleged failure to provide compliant furnish accurate itemized wage statements; (6) any alleged , failure to timely pay wages due upon separation; at termination, and (7) any alleged unlawful, unfair, or fraudulent unfair business actions or practices under Business and Professions Code §§ 17200, et seq. arising out of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaintpractices. Except for the PAGA Release described belowas set forth in Section 6.3 of this Agreement, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 and timely 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 any of the claims alleged in the Action arising during the Class Period facts and or for any PAGA penalties based on any of the claims alleged in the Action arising during the PAGA Period factsPeriod, as alleged in the Action and resolved by this Settlement. The Specifically, the Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successorsclaims as pled in the Complaint, and assignsany further amended pleadings as necessary, release Released Parties from including claims for (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Reimburse Business Expenses; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Pay Wages Timely During Employment; (8) Failure to Pay all Wages Timely Due Upon Separation of Employment; (9) Violation of Business and Professions Code and (10) Violation of California Labor Code section 2698, et seq. (“PAGA”) based on the allegations in the operative Complaint, as well as any and all wage and hour claims that were alleged, asserted or reasonably could have been alleged, asserted based on the Class Period facts stated factual allegations contained in the Operative Complaint, includingor any amended complaints. This also includes, e.g.but is not limited to, any and all claims involving:
(1) alleged or that could have been alleged based on the facts of the Complaint or any alleged failure amended complaint for unpaid wages, economic damages, non-economic damages, any other damages, civil or statutory penalties, waiting time penalties, liquidated damages, and all other associated damages and/or penalties, including but not limited to pay wages (including minimum wage); (2) any alleged failure to pay overtime compensation; (3) any alleged failure to provide compliant meal periodsclaims under Labor Code section 2698, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breakset seq., or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay wages due upon separation; Labor Code sections 201, 202, 203, 204, 210, 226, 226.7, 246, 510, 512, 558, 1174, 1174.5 1182.12, 1194, 1194.2 1197, 1197.1, 1198, 2800, 2802, all applicable IWC Wage Orders, and (7) any alleged unlawful, unfair, or fraudulent business actions or practices under Business and Professions Code §§ 17200, section 17200 et seq. arising and any and all claims or potential claims for lost wages and/or benefits, consequential economic damages, other economic damages, punitive damages, emotional distress damages, reputation damages, any other damages, attorneys’ fees and costs and interest. For Plaintiff and the members of the Settlement Class who do not opt out of the Labor Code and Industrial Welfare Commission settlement, the Settlement Class Release shall include all released claims from November 8, 2017 through August 31, 2023 (“IWCSettlement Class Release Period”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described below, Participating Class Members do not release any 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 Class Period).
Appears in 1 contract
Sources: Class and Representative Paga Action Settlement Agreement
Participating Class Members’ Release. After the Judgment is final and Defendant Standard has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 or penalties based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating 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 claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, Complaint and ascertained in the course of the Action including, e.g., any and all claims involving:
(1) involving any alleged failure to pay wages (including minimum wage); (2) any alleged overtime, failure to pay the appropriate overtime compensation; (3) any alleged rate, failure to pay all wages upon termination, failure to reimburse business expenses, failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged and failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay wages due upon separation; and (7) any alleged unlawful, unfair, or fraudulent business actions or practices under Business and Professions Code §§ 17200, et seq. arising out Except as set forth in Paragraph 5.3 of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described belowSettlement Agreement, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been allegedalleged under state, federal or local law, whether statutory, common law, or administrative law, based on the Class Period facts stated alleged in the Operative operative First Amended Complaint, includingduring the periods of employment as detailers or independent contractors in California during the Class Period, e.g.including allegations of alleged, any and all claims involving:
(1) any alleged failure to pay wages (including minimum wage)timely wages; (2) any alleged failure to pay overtime compensationwage; (3) any alleged meal period violations; rest period violations; failure to provide compliant pay meal periods, or compensation in lieu thereofrest period premiums; (4) any alleged failure to provide compliant rest breaksreimburse expenses; wage statement violations; waiting time penalties; misclassification of independent contractors; civil penalties, or compensation in lieu thereofincluding penalties under PAGA, based on the allegations set forth above; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay wages due upon separation; and (7) any alleged unlawful, unfair, or fraudulent business actions or practices under violations of Business and Professions Code §§ 17200section 17200 based on the allegations set forth above; including, et seq. arising out but not limited to, claims for injunctive relief; penalties of the Labor Code any nature; interest; fees; and Industrial Welfare Commission costs (“IWCReleased Claims”) Wage Order violations referenced in the Operative Complaint). Except for the PAGA Release described belowas set forth in Section 6.3 of this Agreement, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant KSEA has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 KSEA or related entities for wages claims based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from any and all claims, rights, demands, liabilities, and causes of action of every nature and description arising during the Class Period, including statutory, contractual, or common law claims for wages, damages, penalties, liquidated damages, interest, attorneys’ fees, litigation costs, restitution, injunctive or equitable relief, arising out of and based on the following categories of claims that were specifically alleged, or reasonably could have been alleged, based on or are in substance the Class Period facts stated same as those specifically alleged in the Operative ComplaintComplaint or reasonably related to the factual allegations pled therein, including, e.g., any and all claims involving:
: (1a) any alleged failure to pay wages (including minimum wage)and/or appropriately calculate minimum, straight time, overtime, double time, or any other types of wages; (2b) any alleged failure to pay overtime compensation; (3) any alleged failure to provide compliant meal periods, or compensation in lieu thereofperiods and/or pay meal period penalties; (4c) any alleged failure to provide compliant rest breaks, or compensation in lieu thereofbreaks and/or pay rest break penalties; (5d) any alleged failure to provide compliant accurate itemized wage statements; (6e) any alleged inaccurate recordkeeping; (f) failure to pay timely wages; (g) failure to timely pay all wages due upon separationat termination, including claims for waiting time penalties; and (7h) any alleged unlawfulfailure to reimburse business expenses. The Released Class Claims include all claims that arise under the California Labor Code, unfairincluding under California Labor Code §§ 201, or fraudulent business actions or practices under 202, 203, 204, 210, 221, 226, 226.3, 226.7, 510, 512, 558, 1194, 1194.2, 1197, 1197.1 and 1198, 2800, 2802; California Business and Professions Code §§ 17200, 17200 et seq. arising out of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described below, .. Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant ECF has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting against the Released Parties any of the claims released under the Settlement. (The “Released Parties” are (i) Defendant ECF, (ii) ECF’s current and former officers, directors, managers, employees, agents, predecessors and successors; and (iii) ECF’s related tax-exempt organization: Friends of Exceptional Children’s Foundation, ▇▇▇▇▇▇▇▇, Inc., and ERAS Home II.) 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 ECF or related entities the Released Parties for wages any wages, liquidated damages, penalties, interest, or other relief based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, successors and assigns, release Released Parties from all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, through [the date the Court enters Preliminary Approval of the Settlement, unless the Class Period is shortened per Paragraph 8 of the Settlement Agreement], including, e.g., any and all claims involving:
(1) involving any alleged failure to pay wages (including minimum wage); (2) any alleged DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 wages, failure to pay overtime compensation; (3) any alleged overtime, failure to provide compliant meal periods, periods or compensation additional pay in lieu thereof; (4) any alleged , failure to provide compliant rest breaks, breaks or compensation additional pay in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged , failure to timely pay wages due (including at least minimum wage for all time worked, overtime wages for all overtime hours worked, accrued unused vacation, meal period premium wages, and/or rest period premium wages) upon separation, failure to timely pay wages owed during employment, inaccurate itemized wage statements; and (7) any alleged unlawfulviolation of California Labor Code sections 201, unfair202, 203, 204, 226, 226.7, 510, 512, 1194, 1194.2, 1197, and 1197.1, the applicable California Industrial Welfare Commission Wage Orders, and all related or fraudulent corresponding federal laws; and any alleged unfair business actions or practices under in violation of California Business and Professions Code §§ 17200, 17200 et seq.; and any claims under California Labor Code Section 2698 et seq. arising out of for the foregoing Labor Code and Industrial Welfare Commission violations (the “IWCReleased Claims”) Wage Order violations referenced in the Operative Complaint). Except for the PAGA Release described below, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 its related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and claims resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts factual allegations and primary rights stated in the Operative ComplaintComplaint and any amendments thereto, and ascertained in the course of the Actions, including, e.g., (a) any and all claims involving:
involving any alleged failure to pay minimum wage; (1b) any and all claims involving any alleged failure to pay straight-time wages; (c) any and all claims involving any alleged failure to pay overtime wages, including any alleged failure to pay wages (including minimum wage)for off-the-clock work or failure to pay such wages at the regular rate of pay; (2d) any and all claims involving any alleged failure to provide meal breaks or provide premium pay in lieu thereof, including any alleged failure to pay overtime compensationsuch premiums at the regular rate of pay; (3e) any and all claims involving any alleged failure to provide compliant meal periods, rest breaks or compensation provide premium pay in lieu thereof, including any alleged failure to pay such premiums at the regular rate of pay; (4f) any and all claims involving any alleged failure to provide compliant rest breaksaccurate, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6g) any and all claims involving any alleged failure to timely pay wages due during employment; (h) any and all claims involving any alleged failure to timely pay final wages upon separationtermination (i.e., waiting time penalties); (i) any and all claims involving any alleged failure to maintain required records; (j) any and all claims involving any alleged failure to reimburse necessary and reasonable business expenses; (k) any and all claims involving any alleged failure to provide reporting time pay; (l) any and all claims involving any alleged failure to maintain a temperature in each work area that provides for reasonable comfort; and (7m) any and all claims involving any alleged unlawful, unfair, or fraudulent business actions or practices under failure to comply with Business and & Professions Code §§ section 17200, et seq. arising out of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described below, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant DeLallo’s Italian Foods has fully funded the Gross Settlement (and separately paid all employer payroll taxes)Settlement, Participating 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 DeLallo’s Italian Foods or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating 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 claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative ComplaintComplaint and ascertained in the course of the Action, including, e.g., including any and all claims involving:
for: (1) any alleged failure to pay wages (including minimum wage)and straight time wages; (2) any alleged failure to pay overtime compensationwages; (3) any alleged failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant authorize and permit rest breaks, or compensation in lieu thereofperiods; (5) any alleged failure to timely pay final wages at termination; (6) failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay wages due upon separation; and (7) any alleged unlawfulviolation of California’s Unfair Competition Law, unfair, or fraudulent business actions or practices under California Business and Professions Code §§ 17200, et seq. arising out Except as set forth in Section 6.3 of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described belowSettlement Agreement, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant ▇▇▇▇▇▇▇▇ has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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, sue or be part of any other lawsuit against Defendant ▇▇▇▇▇▇▇▇ or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, successors and assigns, release Released Parties from all claims that were allegedunder state, federal, or reasonably local law, arising out of the claims expressly pleaded, or that could have been alleged, in Plaintiff’s Class Action and all other claims, such as those under the California Labor Code, Wage Orders, regulations and other provisions of law, that could have been asserted based on the facts pleaded in the Class Action at any time during the Class Period facts stated in the Operative Complaint, including, e.g., any and all claims involving:
including (1) any alleged failure to pay wages (including minimum wage)overtime wages; (2) any alleged failure to pay overtime compensationmeal period premiums; (3) any alleged failure to provide compliant meal periods, or compensation in lieu thereofpay rest period premiums; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereofpay minimum wages; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay wages due upon separationtermination; ( 6) failure to timely pay wages during employment; (7) failure to provide compliant wage statements; (8) failure to keep requisite payroll records; (9) failure to reimburse necessary business expenses; and (710) any alleged unlawful, unfair, or fraudulent business actions or practices under Business and Professions Code §§ 17200, et seq. arising out violation of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative ComplaintCalifornia’s unfair competition law. Except for the PAGA Release described belowas set forth in sections 5.2 and 5.3 of this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, compensation or claims based on facts occurring outside the Class Period.
Appears in 1 contract
Sources: Addendum to Class Action and Paga Settlement Agreement
Participating Class Members’ Release. After the Judgment is final and Defendant ▇▇▇▇▇▇▇ has fully funded the Gross Settlement (and separately paid all employer payroll taxes)Settlement, Participating 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 penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release and discharge ▇▇▇▇▇▇▇, and all of its former and present parents, subsidiaries, and affiliates, and their current and former officers, directors, employees, partners, shareholders and agents, and the predecessors and successors, assigns, and legal representatives of all such entities and individuals (“Released Parties Parties”) from (i) all claims that were alleged, or reasonably could have been alleged, under state or federal law, based on the Class Period facts stated in the Operative Complaint, including, e.g., any operative complaint during the Covered Period and all ascertained in the course of the Action including claims involving:
for (1a) any alleged failure to pay wages (including minimum wage)wages; (2b) any alleged failure to pay overtime compensationwages; (3c) any alleged failure to provide compliant meal periods, or compensation in lieu thereof; (4d) any alleged failure to provide compliant rest breaks, or compensation in lieu thereofperiods; (5e) any alleged failure to pay all due wages at termination; (f) failure to provide compliant accurate itemized wage statements; (6g) any alleged unfair competition; (h) failure to timely pay wages due upon separationfor all time worked based on rounding of time; (i) regular rate of pay errors; ( j) liquidated damages, and any other related civil and statutory penalties, including those recoverable under PAGA; and (7k) all attorneys’ fees, interest, and litigation costs related to these claims arising during the Covered Period (“Class Members’ Released Claims”). The Class Members’ Released Claims include without limitation claims meeting the above definition(s) under any alleged unlawfuland all applicable statutes, unfairincluding without limitation the California Payment of Wages Law, or fraudulent business actions or practices under Business and Professions in particular, California Labor Code §§ 17200200, 201, 202, 203, 204, 208, 210, 218.6, 221, 222, 223, 226, 226.3, 226.7, 256, 510, 512, 516, 558, 1174, 1174.5, 1193.6, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 1199; the California Unfair Competition Act, and in particular, California Bus. & Prof. Code §§ 17200 et seq.; the PAGA, California Labor Code §§ 2698 et. arising out seq.; California Code of Civil Procedure § 1021.5; California Civil Code §§ 3287 and 3288; all applicable California Industrial Wage Orders, and any other provision of the California Labor Code and or any applicable California Industrial Welfare Commission Wage Orders (“IWC”) including but not limited to Wage Order violations referenced in the Operative ComplaintNos. Except for the PAGA Release described below, 1 and 4). Participating Class Members do not release any 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 Class Covered Period.
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Participating Class Members’ Release. After the Judgment is final and Defendant the Company has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 the Company or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative ComplaintComplaint and ascertained in the course of the Action, including, e.g., any and all claims involving:
(1) involving any alleged failure to pay wages (including minimum wage); (2) any alleged , failure to pay overtime compensation; (3) any alleged wage, failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaksperiods, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay earned wages during employment, failure to provide complete and accurate wage statements, failure to pay all earned wages and final paychecks due upon separation; and (7) any alleged unlawful, unfair, or fraudulent business actions or practices under Business and Professions Code §§ 17200, et seqat time of separation of employment. arising out Except as set forth in Section 5.3 of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described belowSettlement Agreement, Participating Class Members do not release any 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 Class Period.
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Participating Class Members’ Release. After Effective on the Judgment is final and Defendant has date when Defendants fully funded fund the entire Gross Settlement (Amount and separately paid all employer payroll taxes)fund Employer Paid Taxes owed on the Wage Portion of the Individual Class Payments, Plaintiff, Participating Class Members Members, and Class Counsel will be legally barred from asserting any of the release claims released under the Settlementagainst all Released Parties. 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 Defendants or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating :
(i) Any and all claims, wage and hour claims, rights, demands, liabilities and causes of action of any nature or description alleged/asserted in the Action, as amended, arising from and/or related to the facts and claims alleged/asserted in the Action, as amended during the Class MembersPeriod, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from all claims that were alleged, or reasonably could have been alleged, /asserted in the Action based on the Class Period facts stated and claims alleged in the Operative ComplaintAction, includingas amended during the Class Period, e.g.and the facts and claims asserted in, arising from or related to, or could have been alleged in the PAGA letter dated June 25, 2021, which was sent to the LWDA on behalf of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and other alleged Aggrieved Employees and identified on the LWDA’s website as LWDA-CM- 836198-21; (ii) any and all claims involving:
(1) any for unpaid wages, including, but not limited to, failure to pay minimum wages, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; failure to pay wages (including minimum wage)at least twice each calendar month; (2) any alleged failure to timely pay overtime compensationwages; (3) any alleged missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant authorize and permit rest breaksperiods and/or recovery periods; the calculation of meal, or compensation in lieu thereofrest, and/or recovery period premiums; (5) any alleged reimbursement for all necessary business expenses, including work-related cell-phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; failure to provide compliant provide/furnish accurate itemized wage statements; (6) any alleged deductions; failure to keep/maintain accurate records; failure to timely pay wages due upon separationfinal wages; unlawful deductions and/or withholdings from wages; unfair business practices; penalties, including, but not limited to, recordkeeping penalties, wage statement and payroll reporting penalties, minimum-wage penalties, and waiting-time penalties; and attorneys’ fees and costs; for civil and statutory penalties, including wage statement and payroll reporting penalties, record keeping penalties, minimum wage penalties, attorneys’ fees and costs; and unfair business practices related to the Released Class Claims. The Released Class Claims also include but are not limited to all such claims arising under: California Labor Code sections 201, 201.3, 202, 203, 204, 206, 210, 216, 218, 218.5, 218.6, 221, 222, 225.5, 226, 226.3, 226.7, 246, 247.5, 248.5, 510, 512, 516, 558, 1174, 1174.5, 1175, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 1199, 2698 et seq., 2699 et seq., 2800, and 2802; all claims arising under the California Private Attorneys General Act of 2004 (7“PAGA”) any alleged unlawful, unfair, or fraudulent business actions or practices related to the Released Claims and Released Aggrieved Employee Claims; all claims relating to the Released Class Claims under the California Business and Professions Code §§ section 17200, et seq. arising out .; the Release shall also include all claims relating to the Released Claims under the applicable Wage Orders of the Labor Code and California Industrial Welfare Commission (“IWC”) including, but not limited to, IWC Wage Order violations referenced Nos. 4-2001, 5-2001, 10-2001 and 8 CCR section 11100) for failure to provide accurate itemized wage statements, failure to keep accurate records, for civil and statutory penalties, including wage statement penalties, and record keeping penalties. The Released Claims include those under the Fair Labor and Standards Act (“FLSA”), including those related to recordkeeping obligations, 29 U.S.C. section 211(c); 29 C.F.R. sections 516, 778.223, 778.315, et seq.; and all state and federal law equivalents arising from or related to the facts and claims alleged in the Operative ComplaintAction and/or LWDA letter or that could have been alleged in the Action and/or LWDA letter; California Civil Code sections 3287, 3288, 3289; California Code of Civil Procedure section 1021.5; and the California common law of contract. Except for This release excludes the PAGA Release described below, Participating Class Members do release of claims not release any other claimspermitted by law, including but not limited to claims brought for vested workers’ compensation benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts alleged violations occurring outside the Class Period.
Appears in 1 contract
Sources: Class, Collective and Paga Action Settlement Agreement
Participating Class Members’ Release. After the Judgment is final and Defendant CARGO has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 CARGO or related entities for wages claims based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this SettlementSettlement for the period of April 21, 2017 through March 31, 2023. The Participating Class Members will be bound by the following release: All Participating 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 claims that were alleged(CARGO and each of its present and former parent companies, subsidiaries, divisions, concepts, related or reasonably could have been allegedaffiliated companies, based on the Class Period facts stated and its shareholders, owners, partners, officers, directors, employees, agents, attorneys, insurers, successors and assigns, and CARGO’s counsel of record in the Operative Complaint, including, e.g., Action) from any and all claims involving:
under state, federal, or local law, whether statutory or common law arising out of the claims expressly pleaded in the Action and all other claims, such as those under the California Labor Code, applicable Wage Orders, regulations, and/or other provisions of law, that could have been pleaded based on the facts pleaded in the Action for (1) any alleged failure to pay wages (including minimum wage); wages, (2) any alleged failure to pay overtime compensation; wages, (3) any alleged failure to provide compliant all meal periods, or compensation in lieu thereofbreaks; (4) any alleged failure to provide compliant all rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; , (6) any alleged failure to timely pay wages due during employment and upon separation; and termination, (7) any alleged unlawfulfailure to maintain required records, unfair(8) unfair business practices, or fraudulent business actions or practices and all claims for injunctive relief, liquidated damages, penalties, including all civil penalties under Business and Professions Code §§ 17200, et seq. arising out of the Labor Code Private Attorneys General Act of 2004, interest, fees, and Industrial Welfare Commission (“IWC”) Wage Order violations referenced costs, and all other claims and allegations made that could have been made in the Action during the Class Release Period based on the facts and allegations in the Operative Complaint. Except for as set forth in Section 5.2 of the PAGA Release described belowSettlement Agreement, Participating Class Members do not release any 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 Class Periodthis Action.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant AHF has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 AHF or related entities for wages based on the Class Period facts and for PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, Complaint and ascertained in the course of the Action including, e.g., : (a) any and all claims involving:
(1) involving any alleged failure to pay wages for all hours worked; (including b) any and all claims involving failure to pay minimum wage); (2c) any and all claims for failure to reimburse for required business expenses; (d) any and all claims involving any alleged failure to properly provide meal periods and/or authorize and permit rest periods, to pay overtime compensationpremiums for missed, late, short or interrupted meal and/or rest periods, or to pay such premiums; (3e) any and all claims involving any alleged failure to provide compliant meal periods, keep accurate records or compensation in lieu thereofto issue proper wage statements to employees; (4f) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay wages due upon separationclaim for waiting time penalties under Labor Code section 203; and (7g) any alleged unlawful, unfair, or fraudulent and all claims for unfair business actions or practices under in violation of Business and Professions Code §§ sections 17200, et seq. arising out of ; and (h) any and all claims under PAGA for civil penalties premised on the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced facts alleged in the Operative ComplaintPlaintiff’s operative complaint. Except for the PAGA Release described belowas set forth in Section 6.1 and 6.3 of this Agreement, Participating Class Members do not release any 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 Class Period.
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Participating Class Members’ Release. After the Judgment is final and Defendant Arjo has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 Arjo or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating 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 claims claims, demands, rights, liabilities, penalties, fees, and causes of action arising from, or related to, or that were allegedasserted, or reasonably that could have been alleged, asserted based on the Class Period facts stated in the Operative ComplaintComplaint and/or ascertained in the course of the Action, including, e.g., any and all claims involving:
(1) involving any alleged failure to pay all regular wages, minimum wages, and overtime wages (including minimum wage)due; (2) any alleged failure to pay overtime compensationproperly calculate overtime; (3) any alleged failure to provide compliant proper meal and rest periods, or compensation and to properly provide premium payment in lieu thereof; (4) any alleged failure to provide compliant rest breakscomplete, accurate, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized properly formatted wage statements; (6) any alleged failure to maintain payroll records; failure to timely pay all wages due upon separationduring employment or at separation of employment; waiting time penalties; failure to properly calculate and pay sick pay; failure to reimburse for business expenses; and (7) unfair business practices that could have been premised on the claims, causes of action or legal theories of relief described above. Released claims by all Participating Class Members include all claims for unpaid wages, overtime wages, statutory penalties, damages of any alleged unlawfulkind, unfairinterest, attorneys’ fees, costs, injunctive relief, restitution, and any other equitable relief under California or federal statute, ordinance, regulation, common law, or fraudulent business actions or practices under other source of law, including but not limited to the California Labor Code, California Business and Professions Code §§ 17200Code, et seq. arising out of the Labor California Civil Code and California Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative ComplaintOrders. Except for the PAGA Release described belowas set forth in Section 6.3 of this Agreement, Participating Class Members do not release any 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 Class Period.
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Participating Class Members’ Release. After the Judgment is final and Defendant has Defendants have fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 Defendants or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Upon the entry of an order by the Court granting final approval of this Agreement, and except as to such rights or claims as may be created by this Agreement, Plaintiff and each Class MembersMember who has not properly submitted a timely and valid request to “opt- out” or be excluded from the Action, in exchange for the consideration recited in this Agreement, on behalf of themselves himself or herself and on behalf of his/her current, former, and future heirs, executors, administrators, attorneys, agents, and assigns, shall fully release and discharge Defendants ▇▇▇▇▇▇▇▇▇ Restaurant Group, LLC, ▇▇▇▇▇▇▇ de la ▇▇▇▇▇ Jr., and each of their parents, predecessors, successors, subsidiaries, affiliates, partners, and trusts, employment agencies and professional employer organizations, and their respective former and present representativesowners, employees, officers, agents, attorneys, heirsand assigns (collectively hereinafter the “Releasees”), administratorsfrom any and all claims, successorsdemands, rights, liabilities, and assignscauses of action of any kind whatsoever, release Released Parties from all claims that were alleged, or reasonably could have been allegedasserted against the Releasees during the Class Period, , based on the Class Period facts stated alleged at in the Operative Complaint, including, e.g., any and operative complaint in this Action (the “Released Claims”). The Released Claims expressly include all claims involving:
(1) any alleged failure to pay wages (in the operative complaint or that could have been pled based on the facts alleged in the operative complaint including those claims for unpaid wages, including overtime wages, off-the-clock claims, minimum wage); (2) any alleged failure to pay overtime compensation; (3) any alleged failure to provide compliant meal periodswage claims, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged claims for failure to timely pay wages due upon separationwages, both during and after termination of employment, claims for failure to keep accurate and complete payroll records, claims for failure to provide accurate and complete wage statements, claims relating to meal periods and rest breaks, claims for wage premiums, penalties, and interest; claims for penalties, including recordkeeping penalties, wage statement penalties, minimum-wage penalties, missed meal-period and rest-break penalties, and waiting-time penalties; premiums or costs and attorneys’ fees and expenses, and any claim arising from the claims described above under applicable state or local law; all such claims arising under the California Labor Code (7) any alleged unlawfulincluding, unfairbut not limited to, or fraudulent business actions or practices under sections 201, 202, 203, 204, 218.5, 226, 226.7, 510, 512, 558, 1174, 1174.5, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 2802); the wage orders of the California Industrial Welfare Commission (including the Minimum Wage Order and Wage Orders 5); California Business and Professions Code §§ 17200, section 17200 et seq. arising out .; the California common law of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described below, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of contract; the Fair Employment and Housing Labor Standards Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts occurring outside the Class Period29 U.S.C. § 201 et seq.; and federal common law. .viii.
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Participating Class Members’ Release. After the Judgment is final and Defendant EL POLLO INKA has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 EL POLLO INKA or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, successors and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, including, e.g., any and all claims involving:
: (1) any alleged failure to pay wages (including minimum wage); provide required meal periods;
(2) any alleged failure to provide required rest periods; (3) failure to pay overtime compensation; (3) any alleged failure to provide compliant meal periods, or compensation in lieu thereofwages; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereofpay minimum wages; (5) any alleged failure to provide compliant accurate itemized wage statementspay all wages due to discharged and quitting employees; (6) any alleged failure to timely pay wages due upon separationmaintain required records; (7) failure to furnish accurate itemized ages statements; (8) failure to indemnify employees for necessary expenditures incurred in discharge of duties; and (79) any alleged unlawful, unfair, or fraudulent unfair and unlawful business actions or practices under Business and Professions Code §§ 17200, et seq. arising out of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaintpractices. Except for the PAGA Release described belowas set forth in Section 6.3 of this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, compensation or claims based on facts occurring outside the Class Period.
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Participating Class Members’ Release. After the Judgment is final and Defendant Elite has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 Defendants or related entities for wages or penalties based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating 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 claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, Complaint and ascertained in the course of the Action including, e.g., any and all claims involving:
(1) involving any alleged failure to pay wages (including minimum wage); (2) any alleged for all hours worked, failure to pay minimum wage, failure to pay overtime, failure to pay the appropriate overtime compensation; (3) any alleged rate, failure to pay all wages upon termination, failure to reimburse business expenses, failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged and failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay wages due upon separation; and (7) any alleged unlawful, unfair, or fraudulent business actions or practices under Business and Professions Code §§ 17200, et seq. arising out Except as set forth in Paragraph 5.3 of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described belowSettlement Agreement, Participating Class Members do not release any 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 Class Period.
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Participating Class Members’ Release. After the Judgment is final and Defendant AHF has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 AHF or related entities for wages based on the Class Period facts and for PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, Complaint and ascertained in the course of the Action including, e.g., : (a) any and all claims involving:
(1) involving any alleged failure to pay wages for all hours worked; (including b) any and all claims involving failure to pay minimum wage); (2c) any and all claims for failure to reimburse for required business expenses; (d) any and all claims involving any alleged failure to properly provide meal periods and/or authorize and permit rest periods, to pay overtime compensationpremiums for missed, late, short or interrupted meal and/or rest periods, or to pay such premiums; (3e) any and all claims involving any alleged failure to provide compliant meal periods, keep accurate records or compensation in lieu thereofto issue proper wage statements to employees; (4f) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant accurate itemized wage statements; (6) any alleged failure to timely pay wages due upon separationclaim for waiting time penalties under Labor Code section 203; and (7g) any alleged unlawful, unfair, or fraudulent and all claims for unfair business actions or practices under in violation of Business and Professions Code §§ sections 17200, et seq. arising out Except as set forth in Section 6.1 and 6.3 of the Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative Complaint. Except for the PAGA Release described belowthis Agreement, Participating Class Members do not release any 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 Class Period.
Appears in 1 contract
Participating Class Members’ Release. After the Judgment is final and Defendant has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating 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 ▇ou cannot sue, continue ▇▇ntinue to sue, or be part of any other lawsuit against Defendant or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating 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 claims that were alleged, or reasonably could have been allegedalleged in the Complaints filed in the Actions under any state law, federal law, common law, equity or other theory based on the Class Period facts stated alleged in the Operative Complaintoperative complaint filed in the Action regarding the provision (or alleged non–provision) of rest breaks, includingmeal breaks, e.g.overtime, any and all claims involving:
(1) any alleged failure to pay wages (including minimum wage, waiting time penalties, and/or wage statements provided to those class members (or the content or lack of content of any wage statements received); (2) , including all claims, rights, demands, liabilities, causes of action, and theories of liability of every nature and description, whether known or unknown, that were alleged against Defendant and/or any of the Released Parties, or which could have been alleged failure to pay overtime compensation; (3) any alleged based on the facts pled against them in the the Complaints in the Actions. These claims include claims for failure to provide compliant meal periods, or compensation in lieu thereof; (4) any alleged failure to provide compliant rest breaks, or compensation in lieu thereof; (5) any alleged failure to provide compliant and/or maintain copies of accurate itemized wage statements; , failure to provide timely and uninterrupted meal and rest breaks or premium pay in lieu thereof, failure to pay overtime, failure to pay minimum wage (6) and liquidated damages predicated thereupon), failure to properly calculate the regular rate of pay, failure to pay minimum wage or overtime as applicable for all hours worked including but not limited to unpaid wages due to inaccurate time rounding or use of an auto-deduct feature for meal periods, on-all call compensation, and any alleged and all off-the-clock work, failure to timely pay wages due upon separation; separation from employment, unfair competition, and/or for penalties (regardless of the recipient), claims arising under California Labor Code sections 201-203, 204, 216, 218.5, 221-223, 224, 225.5, 226,226.2, 226.6, 226.7, 226.8, 256, 510, 512, 558, 558.1, 1174, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 2751, and (7) any alleged unlawful2810.5, unfairdamages, interest, costs or attorneys fees, and violations of applicable local, state or federal law, whether for economic damages, non- economic damages, liquidated, or fraudulent business actions punitive damages, restitution, tort, contract, equitable relief, injunctive or practices declaratory relief, that occurred during the applicable Class Period and based on the facts alleged in the Complaints in the Action, including claims under any common laws, the California Business and & Professions Code §§ 17200Sections 17200 et seq. (UCL), including claims asserted under the UCL predicated on violations of any state and/or federal law alleged in the Complaint and/or Amended Complaints in the Action, including the Cal. Code of Regulations, Title 8, Sections 11000, et seq. arising out of ., any applicable Wage Order, and the California Labor Code and Industrial Welfare Commission (“IWC”) Wage Order violations referenced in the Operative ComplaintCode. Except for the PAGA Release described belowas set forth in Section 6.3 of this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ workers compensation, or claims based on facts occurring outside the Class Period.
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