Release by Xxxxxxxxx Employees. 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 facts stated in the Operative Complaint and the PAGA Notice during the PAGA Period. Aggrieved Employees only release these claims for the duration of the PAGA Period.
Release by Xxxxxxxxx Employees. All Aggrieved Employees will release and discharge Released Parties from all claims, demands, rights, liabilities and causes of action under California Labor Code Private Attorneys General Act of 2004 as asserted in the Operative Complaint that arose during the PAGA Period premised on the facts, claims, causes of action or legal theories described above. The release period for the PAGA claim shall be the same as the PAGA Period. All Aggrieved Employees, regardless of whether they have opted out of the Class Settlement as described above, and the State of California shall be bound by the PAGA Release and fully release and discharge Defendant and all Released Parties from all released PAGA claims upon the final approval of the settlement of PAGA Claims in this Action. The Parties agree there is no statutory right for any Aggrieved Employee to object, opt out or otherwise exclude himself or herself from the Settlement. Unless otherwise provided by law, the Parties further agree there is no right or opportunity for any Aggrieved Employee to appeal the approval of the PAGA settlement by the Court, this settlement shall not be subject to collateral attack by any Aggrieved Employee, and such prohibited collateral attack shall include, but not be limited to, claims that the Aggrieved Employee failed, for any reason, to timely receive his or her individual Settlement Payment.
Release by Xxxxxxxxx Employees. All Aggrieved Employees (regardless of whether they opt out) 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 under California Labor Code section 2698 et seq. that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and the PAGA Notice including but not limited to claims that BENZEEN failed to (1) pay all wages owed for all hours worked, including overtime wages at the regular rate of pay, and minimum wages;
Release by Xxxxxxxxx Employees. 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, during the PAGA Period, facts stated in the Operative Complaint and the PAGA Notices, including, any and all claims for failure to pay wages (including minimum wages, regular wages, overtime wages, failure to pay overtime at the regular rate, double time wages, reporting time wages, vacation wages, sick pay and shift differentials), failure to provide compliant meal periods and associated premium pay, failure to provide compliant rest periods and associated premium pay, failure to provide compliant wage statements, failure to timely pay wages upon separation of employment, failure to timely pay wages during employment, including Labor Code sections section 201, 202, 203, 204, 210, 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) (2009) 46 Cal. 4th 969, PAGA Members who exclude themselves from the settlement of class claims shall still receive an individual PAGA payment and be subject to this PAGA Release.
Release by Xxxxxxxxx Employees. 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 in the Operative Complaint, or could have been alleged based on the PAGA Period facts and legal assertions stated in the Operative Complaint, the PAGA Notice, and ascertained in the course of the Action, including violations of Labor Code section 2698, et seq. (Private Attorneys General Act of 2004).
Release by Xxxxxxxxx Employees. 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 arising during the PAGA Period that were alleged, or reasonably could have been alleged, based on the facts stated in the Operative Complaint, and the PAGA Notice and ascertained in the course of the Action including, e.g., (a) failure to pay wages for all hours worked at minimum wage; (b) failure to pay all overtime wages for daily overtime worked; (c) failure authorize or permit meal periods; (d) failure to timely pay wages during employment; (e) failure to provide complete and accurate wage statements; and (f) failure to timely pay all earned wages and final paychecks due at time of separation of employment.
Release by Xxxxxxxxx Employees. All Aggrieved Employees, whether or not they are a Participating Class Member, 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 civil penalties under California Labor Code §§ 2699, et seq. that were alleged, or reasonably could have been alleged, that arose during the PAGA Period, based on the facts and legal assertions stated in the Operative Complaint, the PAGA Notice, and ascertained in the course of the Action, including any and all claims for any alleged failure to pay overtime wages pursuant to California Labor Code sections 510 and 1194, and applicable IWC Wage Orders; failure to pay minimum wages pursuant to California Labor Code sections 1194, 1194.2, 1197, and 1197.1 and applicable IWC Wage Orders; failure to pay all wages owed at termination pursuant to California Labor Code sections 201-203; failure to pay all wages in a timely manner during employment pursuant to California Labor Code section 204 and applicable IWC Wage Orders; failure to furnish accurate itemized wage statements pursuant to California Labor Code section 226(a0 and applicable IWC Wage Orders; and failure to maintain adequate payroll records pursuant to California Labor Code sections 1174(d) and applicable IWC Wage Orders (the “Released PAGA Claims”).
Release by Xxxxxxxxx Employees. All Aggrieved Employees (whether they are Participating Class Members or Non-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 from the Released PAGA Claims, as defined in Paragraph 1.42.
Release by Xxxxxxxxx Employees. All Non-Participating Settlement 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 from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and the PAGA Notice including any and all claims involving any alleged failure to (a) pay overtime and wages, (b) provide proper rest periods, (c) reimburse business expenses, (d) provide proper wage statements, (e) pay all wages due upon termination, and (e) engage in unfair business practices.
Release by Xxxxxxxxx Employees. 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 PAGA Notice, 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).
