Participating Class Members. The Administrator will send, by U.S. mail, a single check to every Participating Class Member (i.e., every Class Member who doesn’t opt-out) including those who also qualify as Aggrieved Employees. The single check will combine the Individual Class Payment and the Individual PAGA Payment.
Participating Class Members. All Class Members who do not submit a valid and timely request to exclude themselves from this Settlement.
Participating Class Members. All Class Members who do not submit a valid and timely request to exclude themselves from the class action Settlement.
Participating Class Members. The Administrator will send, by U.S. mail, a single check to every Participating Class Member (i.e., every Class Member who doesn’t opt-out). Your check will be sent to the same address as this Notice. If you change your address, be sure to notify the Administrator as soon as possible. Section 9 of this Notice has the Administrator’s contact information.
Participating Class Members. Upon the Effective Date and funding in full of the Gross Settlement Amount by Defendants, all Participating Class Members who do not timely and validly opt out shall be deemed to have fully and finally released all claims, causes of action, damages, wages, benefits, expenses, penalties, debts, liabilities, demands, obligations, attorneys’ fees, costs, and any other form of relief or remedy in law, equity, or whatever kind of nature against all Released Parties that were alleged or that could have been alleged based on the facts asserted in in the operative Complaint that occurred during the Class Period, 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 breaks, waiting time penalties, unfair business practices, the Private Attorneys General Act of 2004, Labor Code sections 2802, 221, 223, 200, 226, 500, 1197, 1198, 510, 1194, 226.7, 512, 201, 202, 203, 2699 et seq., and the applicable Wage Orders, and Business & Professions Code section 17200. The 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 Xxxxxxxx and further identified in the operative Complaint that are alleged to have occurred during the PAGA Period (“Released PAGA Claims”).
Participating Class Members. “Participating Class Members” means a Class Member or the authorized legal representative of such Class Member who timely submits a Claim Form.
Participating Class Members. Upon Defendants’ fulfillment of their payment obligations under Section III (K)(9)(a), Class Members, who do not submit a timely and valid request for exclusion, hereby waive, release, promise never to assert in any forum, remise and forever discharge the Released Parties from the Released Claims for the time frame from October 1, 2016, through April 1, 2021.
Participating Class Members. “Participating Class Members” are all Class Members who do not submit a valid Opt-out Statement as provided in 2.5 herein.
Participating Class Members. In consideration for his or her awarded Settlement Share, as of the date the Settlement becomes Final, every Class Member who does not complete and mail a valid and timely Election Not to Participate in Settlement releases any and all known and unknown claims against the Released TPMG Parties, whether raised in the Action or not, that are based on the factual allegations made in the Action or otherwise based on or related to the allegations that, from September 14, 2013, through the date the Settlement becomes Final, TPMG failed to pay overtime wages, failed to pay minimum wages, made unlawful deductions, failed to provide lawful meal periods, failed to provide accurate wage statements, and failed to maintain accurate records of hours worked and wages paid. Such claims include, but are not necessarily limited to, all claims under 29 U.S.C. section 201 et seq. of the FLSA; all claims for overtime and double-time wages under California Labor Code section 510; claims for minimum wages under California Labor Code sections 1194, 1197, 1197.1 and 1198; claims for waiting-time penalties under California Labor Code section 203; claims for unlawful deductions under California Labor Code sections 221 and 223; claims for meal-period premiums under California Labor Code sections 226.7 and 512; claims for failure to provide accurate wage statements claims under California Labor section 226; claims for failure to maintain accurate records of hours worked and wages paid under California Labor Code section 1174; claims of unfair competition under California Business and Professions Code section 17200 et seq.; claims under PAGA, Cal. Lab. Code § 2698 et seq.; any other associated claims for statutory or civil penalties or liquidated damages, whether recovery is founded on federal, state, or municipal law; claims under the Agreement Between Xxxxxx Foundation Hospitals and The Permanente Medical Group, Inc. and the Service Employees International Union-United Healthcare Workers West; and any associated claim for interest, attorneys’ fees, or costs (“Class Members’ Released Claims”).
Participating Class Members. After the Judgment is final and Final Phase Construction 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 Final Phase Construction 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 and ascertained in the course of the Action, including any and all claims for: (1) failure to pay minimum and straight time wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to authorize and permit rest periods; (5) failure to timely pay final wages at termination; (6) failure to provide accurate itemized wage statements; (7) failure to indemnify expenditures; and (8) Law, California Business and Professions Code §§ 17200, et seq. Except as set forth in Section 6.3 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 facts occurring outside the Class Period.
