Common use of Release by Participating Class Members Clause in Contracts

Release by Participating Class Members. 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, violation of Labor Code sections 510 and 1198 (unpaid overtime), violation of Labor Code sections 226.7 and 512(a) (unpaid meal period premiums), violation of Labor Code section 226.7 (unpaid rest period premiums), violation of Labor Code sections 1194 and 1197 (unpaid minimum wages), violation of Labor Code sections 201 and 202 (final wages not timely paid), violation of Labor Code section 226(a) (non-compliant wage statements), violations of Labor Code sections 2800 and 2802 (unreimbursed business expenses), violation of Business & Professions Code section 17200, et seq.. 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 Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts occurring outside the Class Period.

Appears in 2 contracts

Samples: Class Action and Paga Settlement Agreement and Class Notice, Class Action and Paga Settlement Agreement and Class Notice

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Release by Participating Class Members. All The Released Claims applicable to Plaintiff and all Participating Class MembersMembers shall mean: any and all claims, on behalf debts, liabilities, demands, obligations, penalties, guarantees, costs, expenses, attorney’s fees, damages, action or causes of themselves and their respective former and present representativesaction of whatever kind or nature, agentswhether known or unknown, attorneyscontingent or accrued, heirs, administrators, successors, and assigns, release Released Parties from (i) all claims that were are alleged, or that reasonably could have been alleged, based on arisen out of the Class Period same facts stated alleged in the Operative Complaint and ascertained in the course of the Action Complaint, including, violation of : (1) failure to pay wages and/or overtime under Labor Code sections 510 510, 1194, and 1198 1199; (unpaid overtime), violation of 2) failure to provide meal breaks pursuant to Labor Code sections 226.7 and 512(a512; (3) (unpaid meal period premiums), violation of failure to provide rest breaks pursuant to Labor Code section 226.7 226.7; (unpaid rest period premiums), violation of Labor Code sections 1194 and 1197 (unpaid minimum wages), violation of Labor Code sections 201 and 202 (final wages not timely paid), violation of 4) failure to provide accurate itemized wage statements pursuant to Labor Code section 226(a); (5) (non-compliant wage statements), violations of penalties under Labor Code sections 2800 and 2802 section 203; (unreimbursed business expenses), 6) violation of Business & Professions Code section 17200, et seq.. ; and (7) penalties pursuant to Labor Code section 2699 (“PAGA”) based upon the alleged violations enumerated in the Operative Complaint. (Hereafter “Released Claims”.) Except as set forth in Section 5.3 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.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

Release by Participating Class Members. All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release and discharge Released Parties from all claims, transactions or occurrences that occurred during the Class Period Period, including but not limited to: (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated contained in the Operative Complaint and or ascertained in the course of the Action includingAction; and, violation (ii) all PAGA claims, whether representative or individual in nature, that were alleged, or reasonably could have been alleged, based on facts contained in the Operative Complaint, PAGA notice(s), or ascertained in the course of the Action. Such class and PAGA claims include claims for violations of Labor Code sections 510 and 1198 (unpaid overtime), violation of Labor Code sections 226.7 and 512(a) (unpaid meal period premiums), violation of Labor Code section 226.7 (unpaid rest period premiums), violation of Labor Code sections 1194 and 1197 (unpaid minimum wages), violation of Labor Code sections 201 and 202 (final wages not timely paid), violation of Labor Code section 226(a) (non-compliant wage statements), violations of Labor Code sections 2800 and 2802 (unreimbursed business expenses), violation of Business & Professions Code section 17200, et seq.. . 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 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

Samples: Class Action and Paga Settlement Agreement and Class Notice

Release by Participating Class Members. 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 factual allegations stated in the Operative Second Amended Complaint filed March 8, 2023, and ascertained in the course of the Action Actions, including, violation of 1) failure to reimburse business expenses, Labor Code sections 510 and 1198 Sections 2802, 2804 (unpaid overtimeClass I Members), violation of 2) failure to pay all wages, Labor Code sections 226.7 and 512(a§§1194, 1194.2, 510 (Class II Members), 3) failure to pay overtime wages, Labor Code §§1194, 510 (unpaid Class II Members), 4) meal period premiumsviolations, Labor Code §§512, 226.7 (Class II Members), violation of 5) rest period violations, Labor Code section §226.7 (unpaid rest period premiumsClass II Members), violation of 6) failure to provide accurate itemized wage statements, Labor Code sections 1194 and 1197 §226 (unpaid minimum wagesClass II Members), violation of 7) failure to provide sick pay, Labor Code sections 201 and 202 §246 (final wages not timely paidClass II Members), violation of 8) waiting time penalties, Labor Code section 226(a) §§201-203 (non-compliant wage statementsClass II Members), violations of Labor and 9) Unfair Competition Law violations, Bus. & Prof. Code sections 2800 and 2802 (unreimbursed business expenses), violation of Business & Professions Code section §§ 17200, et seq.. . (Class I and Class II Members). 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 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

Samples: Class Action and Paga Settlement Agreement and Class Notice

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Release by Participating Class Members. 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 allegedalleged in the Operative Complaint, or reasonably could have been alleged, alleged based on the Class Period facts or legal assertions stated in the Operative Complaint and ascertained in the course of the Action includingAction, violation including any and all claims alleging violations of Labor Code sections 510 and 1198 (unpaid overtime), violation of Labor Code sections 226.7 and 512(a) (unpaid meal period premiums), violation of Labor Code section 226.7 (unpaid rest period premiums), violation of Labor Code sections 1194 and 1197 (unpaid minimum wages), violation of Labor Code sections 201 and 202 (final wages not timely paid), violation of Labor Code section 226(a) (non-compliant wage statements), violations of Labor Code sections 2800 and 2802 (unreimbursed business expenses), violation of and Business & Professions Code section 17200, et seq.. 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 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

Samples: Paga Settlement Agreement

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