Common use of Aggrieved Employees’ PAGA Release Clause in Contracts

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Defendants have paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against Defendants, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendants or their related entities based on the PAGA claims resolved by this Settlement. The Aggrieved Employees’ Releases are as follows: All Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period factual allegations stated in the Operative Second Amended Complaint filed March 8, 2023, the April 29, 2022 and April 22, 2023 PAGA Notices, and ascertained in the course of the Actions, including, 1) failure to reimburse business expenses, Labor Code Sections 2802, 2699(f)(2) (Aggrieved Employees), 2) failure to pay all wages, Labor Code §§1194, 510, 2699(f)(2) (Aggrieved Employees), 3) failure to pay overtime wages, Labor Code §§1194, 510, 2699(f)(2) (Aggrieved Employees), 4) meal period violations, Labor Code §§512, 226.7, 2699(f)(2) (Aggrieved Employees), 5) rest period violations, Labor Code §§226.7, 2699(f)(2) (Aggrieved Employees), 6) failure to provide accurate itemized wage statements, Labor Code §§226, 2699(f)(2) (Aggrieved Employees), 7) failure to provide sick pay, Labor Code §246, 2699(f)(2) (Aggrieved Employees), 8) failure to timely pay all wages upon separation and during employment, Labor Code §§201-204, 2699(f)(2) (Aggrieved Employees), and 9) failure to maintain accurate records, Labor Code §§1174, 2699(f)(2) (Aggrieved Employees).

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Defendants have Xxxxxxxxx has paid the Gross Settlement Amount (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against DefendantsDefendant, whether or not they exclude themselves from the Class Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendants Defendant or their its related entities based on the PAGA claims Period facts allege in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non-Participating Class Members are as follows: All Participating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties Parties, from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period factual allegations facts stated in the Operative Second Amended Complaint filed March 8, 2023, and the April 29, 2022 and April 22, 2023 PAGA Notices, and ascertained in the course of the ActionsNotice, including, e.g., any and all claims for PAGA penalties pursuant to Labor Code sections 203, 210, 226.3, 558, 1174.5, 1197.1, and 2699 in connection with any and all allegations of Labor Code and/or IWC Wage Order violations involving: (1) failure to reimburse business expenses, Labor Code Sections 2802, 2699(f)(2) (Aggrieved Employees), 2) any alleged failure to pay all wages, Labor Code §§1194, 510, 2699(f)(2wages (including minimum wage); (2) (Aggrieved Employees), 3) any alleged failure to pay overtime wages, Labor Code §§1194, 510, 2699(f)(2compensation; (3) (Aggrieved Employees), 4) meal period violations, Labor Code §§512, 226.7, 2699(f)(2) (Aggrieved Employees), 5) rest period violations, Labor Code §§226.7, 2699(f)(2) (Aggrieved Employees), 6) 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, Labor Code §§226, 2699(f)(2; and (6) (Aggrieved Employees), 7) failure to provide sick pay, Labor Code §246, 2699(f)(2) (Aggrieved Employees), 8) any alleged failure to timely pay all wages due upon separation and during employment, Labor Code §§201-204, 2699(f)(2) (Aggrieved Employees), and 9) failure to maintain accurate records, Labor Code §§1174, 2699(f)(2) (Aggrieved Employees)separation.

Aggrieved Employees’ PAGA Release. After Effective on the Court’s judgment is final, and date when Defendants have paid fully fund the entire Gross Settlement (Amount and separately paid fund Employer Paid Taxes owed on the employer-side payroll taxes)Wage Portion of the Individual Class Payments, all Aggrieved Employees will be barred from asserting PAGA claims against Defendants, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendants or their its related entities based on the PAGA claims Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non- Participating Class Members are as follows: All Aggrieved Employees are deemed to releaseclaims, on behalf of themselves and their respective former and present representativesrights, agentsdemands, attorneys, heirs, administrators, successorsliabilities, and assigns, the Released Parties from all claims causes of action for PAGA civil penalties that were allegedasserted in the Action (as amended) and/or arising from, or reasonably could have been allegedrelated to the facts and claims alleged in the Complaint, based the First Amended Complaint, the Second Amended Complaint, and/or June 25, 2021 LWDA exhaustion letter identified on the PAGA Period factual allegations stated in the Operative Second Amended Complaint filed March 8LWDA’s website as LWDA-CM-836198-21. Such claims, 2023rights, the April 29demands, 2022 and April 22, 2023 PAGA Noticesliabilities, and ascertained in the course causes of action include those arising out of the Actionsfollowing: California Minimum Wage Order (MW-2014), Labor Code sections 201, 202, 203, 204, 218.5, 221, 226, 226.3, 226.7, 510, 1194, 1197, 1198, 2698 et seq. Further, such claims, rights, demands, liabilities, and causes of action include those for PAGA civil penalties for unpaid wages, including, 1) but not limited to, failure to reimburse 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 at least twice each calendar month; failure to timely pay wages; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; failure to provide meal periods; failure to authorize and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, Labor Code Sections 2802including work-related cell-phone expenses and car mileage for work-related travel; payment for all hours worked, 2699(f)(2) (Aggrieved Employees), 2) including off-the-clock work; failure to pay all wages, Labor Code §§1194, 510, 2699(f)(2) (Aggrieved Employees), 3) failure to pay overtime wages, Labor Code §§1194, 510, 2699(f)(2) (Aggrieved Employees), 4) meal period violations, Labor Code §§512, 226.7, 2699(f)(2) (Aggrieved Employees), 5) rest period violations, Labor Code §§226.7, 2699(f)(2) (Aggrieved Employees), 6) failure to provide provide/furnish accurate itemized wage statements, Labor Code §§226, 2699(f)(2) (Aggrieved Employees), 7) ; deductions; failure to provide sick pay, Labor Code §246, 2699(f)(2) (Aggrieved Employees), 8) keep/maintain accurate records; failure to timely pay all wages upon separation final wages; and during employment, Labor Code §§201-204, 2699(f)(2) (Aggrieved Employees), and 9) failure to maintain accurate records, Labor Code §§1174, 2699(f)(2) (Aggrieved Employees)unlawful deductions and/or withholdings from wages; unfair business practices.

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Defendants have paid the Gross Settlement (and separately paid the employer-side payroll taxes)Amount, all Aggrieved Employees will be barred from asserting PAGA claims against Defendants, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendants or their its related entities based on the PAGA claims Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non-Participating Class Members are as follows: All Aggrieved Employees (regardless of whether they are Participating Class Members) are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties (as defined above) from all claims for PAGA penalties that were alleged, or reasonably could have been allegedalleged in connection with their employment on the production of the first, second, and/or third seasons of The L Word: Generation Q, based on the PAGA Period factual allegations facts stated in the Operative Second Amended Complaint filed March 8, 2023(as defined above), the April 29January 31, 2022 and April letter that Plaintiff Xxxxxx Xxxxxxx Xxxxxx submitted to the LWDA providing notice pursuant to Labor Code section 2699.3(a), and/or the March 22, 2023 PAGA Notices, and ascertained in 2022 letter that Plaintiff Xxxx Xxxx submitted to the course of the ActionsLWDA providing notice pursuant to Labor Code section 2699.3(a)., including, 1) failure to reimburse business expensese.g., Labor Code Sections 2802, 2699(f)(2) (Aggrieved Employees), 2) any failure to pay all wages due (including minimum wage and overtime wages, Labor Code §§1194, 510, 2699(f)(2) (Aggrieved Employees), 3) failure to pay overtime wagesfor all hours worked, Labor Code §§1194, 510, 2699(f)(2) (Aggrieved Employees), 4) meal period violations, Labor Code §§512, 226.7, 2699(f)(2) (Aggrieved Employees), 5) rest period violations, Labor Code §§226.7, 2699(f)(2) (Aggrieved Employees), 6) failure to provide accurate itemized wage statementsmeal or rest periods, Labor Code §§226, 2699(f)(2) (Aggrieved Employees), 7) failure to provide sick pay, Labor Code §246, 2699(f)(2) (Aggrieved Employees), 8) failure to timely pay all wages upon separation and during employmentfinal wages, Labor Code §§201-204, 2699(f)(2) failure to furnish accurate wage statements (Aggrieved Employeesincluding claims derivative and/or related to these claims), and 9) failure to maintain accurate records, Labor Code §§1174, 2699(f)(2) (Aggrieved Employees)provide expense reimbursements.

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Defendants have Defendant has paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against DefendantsDefendant, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendants Defendant or their its related entities based on the PAGA claims Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non-Participating Class Members are as follows: All Participating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties Parties, from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period factual allegations facts stated in the Operative Second Amended Complaint filed March 8Complaint, 2023, and the April 29, 2022 and April 22, 2023 PAGA Notices, Notice and ascertained in the course of the Actions, Action including, (1) failure to reimburse business expenses, pay wages and/or overtime under Labor Code Sections 2802sections 510, 2699(f)(2) 1194, and 1199; (Aggrieved Employees), 2) failure to pay all wages, provide meal breaks pursuant to Labor Code §§1194, 510, 2699(f)(2) sections 226.7 and 512; (Aggrieved Employees), 3) failure to pay overtime wages, provide rest breaks pursuant to Labor Code §§1194, 510, 2699(f)(2) section 226.7; (Aggrieved Employees), 4) meal period violations, Labor Code §§512, 226.7, 2699(f)(2) (Aggrieved Employees), 5) rest period violations, Labor Code §§226.7, 2699(f)(2) (Aggrieved Employees), 6) failure to provide accurate itemized wage statements, statements pursuant to Labor Code §§226, 2699(f)(2section 226(a); (5) (Aggrieved Employees), 7) failure to provide sick pay, penalties under Labor Code §246, 2699(f)(2section 203; (6) (Aggrieved Employees), 8) failure to timely pay all wages upon separation and during employment, Labor violation of Business & Professions Code §§201-204, 2699(f)(2) (Aggrieved Employees), and 9) failure to maintain accurate records, Labor Code §§1174, 2699(f)(2) (Aggrieved Employees)section 17200.

Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Defendants have PRC has paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against DefendantsPRC, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendants PRC or their its related entities based on the PAGA claims Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non-Participating Class Members are as follows: All Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on during the PAGA Period factual allegations Period, facts stated in the Operative Second Amended Complaint filed March 8, 2023, and the April 29, 2022 and April 22, 2023 PAGA Notices, and ascertained in the course of the Actions, including, 1) failure to reimburse business expenses, Labor Code Sections 2802, 2699(f)(2) (Aggrieved Employees), 2) any and all claims for failure to pay all wages (including minimum wages, Labor Code §§1194regular wages, 510overtime wages, 2699(f)(2) (Aggrieved Employees), 3) failure to pay overtime at the regular rate, double time wages, Labor Code §§1194reporting time wages, 510vacation wages, 2699(f)(2) (Aggrieved Employeessick pay and shift differentials), 4) meal period violations, Labor Code §§512, 226.7, 2699(f)(2) (Aggrieved Employees), 5) rest period violations, Labor Code §§226.7, 2699(f)(2) (Aggrieved Employees), 6) failure to provide accurate itemized compliant meal periods and associated premium pay, failure to provide compliant rest periods and associated premium pay, failure to provide compliant wage statements, Labor Code §§226, 2699(f)(2) (Aggrieved Employees), 7) failure to provide sick pay, Labor Code §246, 2699(f)(2) (Aggrieved Employees), 8) failure to timely pay all wages upon separation and of employment, failure to timely pay wages during employment, including Labor Code §§sections section 201-, 202, 203, 204, 2699(f)(2210, 222, 223, 226, 226.3, 226.7, 246, 510, 512, , 558.1, 1174, 1194, 1194.2, 1197, 1197.1, 1198, 1199, and 2698 et seq. In light of the binding nature of a PAGA judgment on non-party employees pursuant to Xxxxx v. Superior Ct. (Dairy) (Aggrieved Employees)2009) 46 Cal. 4th 969, PAGA Members who exclude themselves from the settlement of class claims shall still receive an individual PAGA payment and 9) failure be subject to maintain accurate records, Labor Code §§1174, 2699(f)(2) (Aggrieved Employees)this PAGA Release.