Release by Participating Class Members Who Are Not Aggrieved Employees. 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 form (i) 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. Except as 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.
Release by Participating Class Members Who Are Not Aggrieved Employees. 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. Except as 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.
Release by Participating Class Members Who Are Not Aggrieved Employees. 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 and ascertained in the course of the Action, including any and all claims for:
Release by Participating Class Members Who Are Not Aggrieved Employees. 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 alleged in the Operative Complaint along with related claims that could have been alleged based on the facts alleged in the Operative Complaint including: (1) claims for unpaid wages (including but not limited to overtime pay, minimum wage, regular wages, missed meal period premium pay, missed rest period premium pay, failure to pay wages of terminated or resigned employees, or other benefits), unpaid reimbursement, and claims for interest, penalties, or premiums in connection therewith, as well as any claims under the California Labor Code, any applicable California Wage Order(s); (2) claims for failure to comply with the employee itemized wage statement provision under California Labor Code section 226; (3) claims for failure to provide or make available meal and rest periods as required under California Labor Code section 512 and IWC Wage Orders; (4) penalties for violations of the California Labor Code; (5) violation of California Business and Professions Code Section 17200, et seq.; and (6) all other claims under California common law, the California Labor Code, California Wage Orders, the California Business and Professions Code, set forth in the Operative Complaint including alleged violation of California Labor Code sections 201-204, 206, 210, 218.6, 226, 226.3, 226.7, 226.8, 510, 512, 558, 1174, 1174.5, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 2698 et seq., 2699, 2699.3, 2699.5, 2800, 2802, California Civil Code sections 1021.5, 3287, 3288, California Business and Professions Code sections 17000 and 17200 et. seq., the relevant Wage Orders issued by the Industrial Welfare Commission, or any other claim for any statutory or civil penalty that have been, or could have been, asserted based on the facts alleged in the Operative Complaint under California law that arise from the allegations as pled including claims for damages, reimbursement, restitution, losses, declaratory relief, liquidated damages or similar relief. The Final Judgment shall cover and bar each and every Participating Class Member from asserting any Released Claims in the future. XXXX claims include the underlying claims alleged in the PAGA notice letter - will be released, and PAGA Members will be entitled to their portion of the PAGA Payment, regardless of...
Release by Participating Class Members Who Are Not Aggrieved Employees. 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, e.g., any and all claims involving any alleged failure to pay for all hours worked, failure to pay minimum wage, failure to pay overtime, failure to pay the appropriate overtime rate, failure to pay all wages upon termination, failure to reimburse business expenses, failure to provide meal periods, failure to provide rest breaks, and failure to provide accurate itemized wage statements. Except as set forth in paragraph 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, or claims based on facts occurring outside the Class Period.
Release by Participating Class Members Who Are Not Aggrieved Employees. Upon the final approval by the Court of this Settlement Agreement, and except as to such rights or claims as may be created by this Settlement Agreement, and only after the settlement has been fully funded, all Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Defendants XxxxxXxx USA, Inc., Kellytoy Worldwide, Inc., Xxxxxxxx Xxxxx, Xxxxxx Xxxxx, and all of their past, present, and future owners, officers, directors, agents, employees, attorneys, insurers, re- insurers, parent companies, subsidiaries, affiliated or related entities, shareholders, partners, agents, investors, representatives, and all of their respective successors and assigns (including, but not limited to, Xxxxx Toys Holdings, LLC, Xxxxx Amusement Holding, LLC, and Jazwares, LLC) (collectively “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 [and ascertained in the course of the Action], including any state or federal claims relating to the failure to pay wages and overtime, failure to provide meal or rest breaks, failure to provide accurate and complete wage statements, failure to keep requisite payroll records, failure to timely pay employees during employment or at termination, failure to reimburse employees for business expenses, unfair competition, waiting time penalties, interest, attorney’s fees, or any other claim not presented in the operative complaint but are based on the facts alleged in the operative complaint (“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.
Release by Participating Class Members Who Are Not Aggrieved Employees. For the duration of the Class Period, 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 claims for unpaid minimum wages; unpaid overtime wages; failure to provide meal periods or pay premium wages in lieu thereof; failure to provide rest periods or pay premium wages in lieu thereof; failure to furnish accurate itemized wage statements; failure to pay timely wages; failure to pay all final wages due upon termination; failure to maintain accurate time and pay records; and unfair competition. For the avoidance of doubt, the Released Class Claims covered by this Agreement include claims for violation of California Labor Code §§ 201-204, 226, 226.7, 510, 512, 558, 558.1, 1194, 1194.2, and 1197; all related provisions of the California Industrial Welfare Commission Wage Orders; and California Business and Professions Code §§ 17200 et seq.; and any and all remedies available on any of the foregoing claims, including without limitation, compensatory damages, wages, penalties, liquidated damages, interest, costs, attorneys’ fees, restitution, declaratory relief, and injunctive relief. Except as set forth in Section 5.3 of this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the California Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts occurring outside the Class Period.
Release by Participating Class Members Who Are Not Aggrieved Employees. 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 any and all claims involving any alleged failure to pay wages and/or overtime, failure to provide meal periods, failure to provide rest periods, failure to provide accurate itemized wage statements, and failure to pay wage upon termination/resignation. Except as 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.
Release by Participating Class Members Who Are Not Aggrieved Employees. 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. Except as set forth in Section 7.3 of this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the FEHA, unemployment insurance, disability, , or claims based on facts occurring outside the Class Period.
Release by Participating Class Members Who Are Not Aggrieved Employees. 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 of the Class Action including, but not limited to, claims that: (1) UFG failed to pay wages and overtime compensation in violation of California Labor Code sections 510, 1194, 1194.2 and the applicable Industrial Welfare Commission Wage Order; (2) UFG failed to provide meal periods, or compensation in lieu thereof, including but not limited to any violation of California Labor Code sections 226.7 and 512 and the applicable Industrial Welfare Commission Wage Order; (3) UFG failed to authorize and permit rest periods, or compensation in lieu thereof, including but not limited to any violation of California Labor Code section 226.7 and the applicable Industrial Welfare Commission Wage Order; (4) UFG failed to provide itemized employee wage statements, including but not limited to any violation of California Labor Code sections 226, 1174, and 1175 and the applicable Industrial Welfare Commission Wage Order; (6) UFG failed to timely pay wages due at termination, including but not limited to any violation of California Labor Code sections 201-203 and 205; (6) UFG engaged in unlawful business practices in violation of California Business and Professions Code section 17200, et seq; (7) Class Members are entitled to restitutionary damages under California Business & Professions Code sections 17200, et seq.; (8) UFG is liable for attorneys’ fees and/or costs incurred to prosecute this action on behalf of Class Members, including fees incurred for the services of Class Counsel; and (9) UFG failed to reimburse work-related expenses. Except as 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.
