Common use of Participating Class Members Clause in Contracts

Participating Class Members. As of the Effective Date and upon full funding, the Participating Class Members shall and do release the Released Parties of any and all claims, liabilities, rights, demands, suits, matters, obligations, liens, damages, losses, costs, expenses, debts, actions, and causes of action, of every kind and/or nature whatsoever, which any Participating Class Member now has or at any time ever had against any of the Released Parties that is alleged in the operative Complaint or that could have been alleged based on the facts alleged in the operative Complaint, including: (a) meal period penalties allegedly owed to the Participating Class Members by Defendant during the Class Period; (b) rest period penalties allegedly owed to the Participating Class Members by Defendant during the Class Period; (c) violation or alleged violation of California Labor Code Sections 201, 202, 203, 226, 226.7, 512, and 2802 and/or any California Industrial Commission Wage Order or other statute or regulation regarding meal and rest periods; (d) attorneys’ fees due or allegedly due under California Labor Code or any other statute, regulation, or contractual provision providing for such fees in connection with the operative Complaint; and (e) penalties or other payments which are based on any of the foregoing, including penalties, premiums, or payments under California Labor Code Sections 201, 202, 203, 226, 226.7, 512, and 2802 and/or any violation of the California Industrial Commission Wage Order alleged in the operative Complaint (“Released Class Claims”). Without in any way limiting the foregoing, the Released Class Claims shall include all claims, liabilities, rights, demands, suits, matters, obligations, liens, damages, losses, costs, expenses, debts, actions, and causes of action under statutes and regulations set forth in this Section G.1., whether enforced directly or pursuant to California Labor Code Section 2699, California Business and Professions Code Section 17200, et seq., or any other mechanism. The Released Class Claims do not include claims for vested benefits, wrongful termination, unemployment insurance, disability, social security, workers’ compensation, and claims outside of the Class Period.

Participating Class Members. As of Upon the Effective Date and upon funding in full fundingof the Gross Settlement Amount by Defendants, the all Participating Class Members who do not timely and validly opt out shall be deemed to have fully and do release the Released Parties of any and finally released all claims, liabilities, rights, demands, suits, matters, obligations, liens, damages, losses, costs, expenses, debts, actions, and causes of action, damages, wages, benefits, expenses, penalties, debts, liabilities, demands, obligations, attorneys’ fees, costs, and any other form of every relief or remedy in law, equity, or whatever kind and/or of nature whatsoever, which any Participating Class Member now has or at any time ever had against any of the all Released Parties that is were alleged in the operative Complaint or that could have been alleged based on the facts alleged asserted in in the operative Complaint, including: (a) meal period penalties allegedly owed to the Participating Class Members by Defendant Complaint that occurred during the Class Period; (b) , including, all claims for failure to reimburse business expenses, unauthorized deductions from wages, failure to pay for all hours worked, failure to pay overtime, failure to pay minimum wage, failure to authorize and/or permit meal breaks, failure to authorize and/or permit rest period penalties allegedly owed to breaks, waiting time penalties, unfair business practices, the Participating Class Members by Defendant during the Class Period; (c) violation or alleged violation Private Attorneys General Act of California 2004, Labor Code Sections sections 2802, 221, 223, 200, 226, 500, 1197, 1198, 510, 1194, 226.7, 512, 201, 202, 203, 226, 226.7, 512, and 2802 and/or any California Industrial Commission Wage Order or other statute or regulation regarding meal and rest periods; (d) attorneys’ fees due or allegedly due under California Labor Code or any other statute, regulation, or contractual provision providing for such fees in connection with the operative Complaint; and (e) penalties or other payments which are based on any of the foregoing, including penalties, premiums, or payments under California Labor Code Sections 201, 202, 203, 226, 226.7, 512, and 2802 and/or any violation of the California Industrial Commission Wage Order alleged in the operative Complaint (“Released Class Claims”). Without in any way limiting the foregoing, the Released Class Claims shall include all claims, liabilities, rights, demands, suits, matters, obligations, liens, damages, losses, costs, expenses, debts, actions, and causes of action under statutes and regulations set forth in this Section G.1., whether enforced directly or pursuant to California Labor Code Section 2699, California Business and Professions Code Section 17200, 2699 et seq., or any other mechanismand the applicable Wage Orders, and Business & Professions Code section 17200. The Released Class Claims do not include release expressly excludes all other claims, including claims for vested benefits, wrongful termination, unemployment insurance, disability, social security, workers’ compensation, and claims outside of the Class Period, and the Released PAGA Claims. This release shall be referred to here is the “Released Class Claims.” Upon the Effective Date and funding in full of the Gross Settlement Amount by Defendants, all PAGA Members shall also release all Released Parties from all Released PAGA Claims, irrespective of whether they opted-out of the Settlement, and will be bound by this PAGA Release. The Released PAGA Claims are defined as the claims asserted by PAGA Members for alleged violations of the California Labor Code and IWC Wage Order provisions identified in the PAGA Notice sent to the LWDA by Plaintiff ▇▇▇▇▇▇▇▇ and further identified in the operative Complaint that are alleged to have occurred during the PAGA Period (“Released PAGA Claims”).

Participating Class Members. As of the Effective Date date the Judgment becomes Final, Plaintiffs and upon full funding, the Participating Class Members shall and do release all Released Class Claims that occurred during the Release Period as to the Released Parties of any and Parties. Released Class Claims are defined as are defined as all claims, liabilities, rights, demands, suits, matters, obligations, liens, damages, losses, costs, expenses, debts, actions, and causes of action, of every kind and/or nature whatsoever, which any Participating Class Member now has or at any time ever had against any of the Released Parties that is claims alleged in the operative Complaint complaints in the Action, or that could have been alleged based on arising out of or reasonably related to the facts in the operative complaints in the Action or any amendments thereto. This includes all claims for (1) unpaid wages; (2) unpaid overtime wages; (3) failure to provide meal periods and claims regarding meal period premium pay; (4) failure to provide rest periods and claims regarding rest period premium pay; (5) failure to reimburse expenses; (6) failure to provide accurate wage statements; (7) failure to timely pay wages upon termination and during employment; (8) claims for civil penalties under PAGA arising from the facts alleged in the operative Complaint, including: (a) meal period penalties allegedly owed to the Participating Class Members by Defendant during the Class Period; (b) rest period penalties allegedly owed to the Participating Class Members by Defendant during the Class Period; (c) violation or alleged violation of California Labor Code Sections 201, 202, 203, 226, 226.7, 512, and 2802 and/or any California Industrial Commission Wage Order or other statute or regulation regarding meal and rest periods; (d) attorneys’ fees due or allegedly due under California Labor Code or any other statute, regulation, or contractual provision providing for such fees in connection with the operative Complaintcomplaints; and (e9) penalties or other payments which are based on any of claims for unfair competition arising from the foregoing, including penalties, premiums, or payments under California Labor Code Sections 201, 202, 203, 226, 226.7, 512, and 2802 and/or any violation of the California Industrial Commission Wage Order facts alleged in the operative Complaint (“Released Class Claims”). Without in any way limiting the foregoing, the Released Class Claims shall include all claims, liabilities, rights, demands, suits, matters, obligations, liens, damages, losses, costs, expenses, debts, actions, and causes of action under statutes and regulations set forth in this Section G.1., whether enforced directly or pursuant to California Labor Code Section 2699, California Business and Professions Code Section 17200, et seq., or any other mechanismcomplaints. The Released Class Claims do not include release will exclude claims for vested benefits, wrongful terminationtermination (apart from that of Plaintiffs who will execute a general release of claims under Civil Code § 1542), unemployment insurance, disability, social security, workers’ compensation, and claims outside of the Release Period. For exempt employees in the Class, the release will exclude claims for: (1) unpaid wages; (2) unpaid overtime wages; (3) failure to provide meal periods and claims regarding meal period premium pay; (4) failure to provide rest periods and claims regarding rest period premium pay; (5) failure to timely pay wages upon termination and during employment; (6) claims for civil penalties under PAGA arising from claims (1)-(5); and (7) claims for unfair competition arising from claims (1)-(5). Plaintiffs and every Participating Class PeriodMember shall be deemed to have acknowledged and agreed that their Claims for wages and/or penalties in this Action are disputed, and that every Participating Class Member’s Settlement Share constitutes payment of all sums allegedly due him or her from Defendant. Plaintiffs and every Participating Class Member shall be deemed to have acknowledged and agreed that California Labor Code §206.5 is not applicable to the Parties. That section provides in pertinent part as follows: No employer shall require the execution of any release of any claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made.