Common use of Participating Class Members’ Release Clause in Contracts

Participating Class Members’ Release. After the Judgment is final and ▇▇▇▇ 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 ▇▇▇▇ 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 rights, demands, liabilities, and causes of action alleged in the Action or that could have been alleged based on the facts alleged in the Action arising during the Class Period, including but not limited to claims under the California Labor Code, California Industrial Welfare Commission Wage Orders, regulations, and/or other provisions of law, for unpaid overtime, failure to provide rest periods and associated premium wages, failure to provide meal periods and associated premium wages, unpaid minimum wages, failure to timely pay final wages, failure to timely pay wages during employment, failure to keep requisite payroll records, and failure to reimburse business expenses, including violations under California Labor Code sections 201, 202, 203, 204, 226, 226.7, 501, 512, 1174, 1194, 1197, 1197.1, 2800 and 2802, and derivative claims for unfair or unlawful business practices under California Business & Professions Code section 17200, et seq. Except as set forth in Section 5.4 of the 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

Sources: Class Action and Paga Settlement Agreement

Participating Class Members’ Release. After the Judgment is final and ▇▇▇▇ 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 ▇▇▇▇ 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 rightsthat were alleged, demands, liabilities, and causes of action alleged in the Action or that reasonably could have been alleged alleged, based on the Class Period facts alleged stated in the Action arising Operative Complaint and which occurred during the Class Period, including but not limited including, any and all claims involving any alleged failure to claims under the California Labor Code, California Industrial Welfare Commission Wage Orders, regulations, and/or other provisions of law, for unpaid overtimepay minimum wages, failure to provide rest periods and associated premium wagespay overtime, failure to provide meal periods and associated premium wages, unpaid minimum wagesor additional pay in lieu thereof, failure to timely provide rest breaks or additional pay final wagesin lieu thereof, failure to timely pay wages (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, failure to keep requisite payroll records, inaccurate itemized wage statements; and failure to reimburse business expenses, including violations under any alleged violation of California Labor Code sections 201, 202, 203, 204, 226, 226.7, 501510, 512, 11741194, 11941194.2, 1197, and 1197.1, 2800 and 2802the applicable California Industrial Welfare Commission Wage Orders, and derivative claims for all related or corresponding federal laws; and any alleged unfair or unlawful business practices in violation of California Business and Professions Code § 17200 et seq.; and any claims under California Business & Professions Labor Code section 17200, Section 2698 et seq. Except as set forth in Section 5.4 of for the Agreement, foregoing Labor Code violations (the “Released Claims”). 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 and Paga Settlement Agreement

Participating Class Members’ Release. After the Judgment is final and ▇▇▇▇ Electro Adapter 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 ▇▇▇▇ Electro Adapter 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 rightsthat were alleged, demands, liabilities, and causes of action alleged in the Action or that reasonably could have been alleged alleged, based on the Class Period facts alleged stated in the Action arising during Operative Complaint including the Class Period, including but not limited (1) failure to claims under the California Labor Code, California Industrial Welfare Commission Wage Orders, regulations, and/or other provisions of law, for unpaid overtime, pay overtime wages; (2) failure to pay minimum wages; (3) failure to provide meal periods or provide premium wages in lieu thereof; (4) failure to provide rest periods and associated or provide premium wageswages in lieu thereof; (5) wage statement violations under Labor Code section 226, failure to provide meal periods and associated premium wages, unpaid minimum wages, et seq.; (6) failure to timely pay final wagesall wages due at separation; (7) unfair business practices in violation of Business and Professions Code section 17200, failure to timely pay wages during employment, failure to keep requisite payroll records, et seq. premised on the above claims; and failure to reimburse business expenses, including violations violation of or liability under California Labor Code under sections 201, 202, 203, 204, 218.5, 218.6, 226, 226.3, 226.7, 501510, 512, 1174516, 558, 1194, 1197, 1197.1, 2800 and 28021198, and derivative the relevant Wage Orders issued by the Industrial Welfare Commission, and any and all related claims for unfair or unlawful business practices under California Business & Professions Code section 17200, et seqattorneys’ fees and costs. Except as set forth in Section 5.4 5.3 of the Settlement 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

Sources: Class Action and Paga Settlement Agreement