Release of PAGA Claims. All Aggrieved Employees and the LWDA 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 of the Released PAGA Claims.
Release of PAGA Claims. Upon final approval of the Settlement by the Court, and except as to such rights as may be created by this Agreement, the LWDA and each Eligible Aggrieved Employee, including Plaintiffs, individually and on behalf of their heirs, executors, administrators, representatives, attorneys, successors and assigns hereby voluntarily and knowingly is barred from bringing any and all claims seeking civil penalties against any Released Party under the California Labor Code predicated on the PAGA Claims asserted in Plaintiffs' First Amended Complaint and/or the May 2, 2018 LWDA letter. The release of the PAGA Claims is effective, regardless of whether the Eligible Aggrieved Employee submits a timely and valid Request for Exclusion. This release covers the PAGA Period. FINAL SETTLEMENT APPROVAL HEARING
Release of PAGA Claims. Upon the Court’s approval of the PAGA Payment and this release of PAGA Claims, Plaintiff and the PAGA Releasees and all persons purporting to act on the PAGA Releasees’ behalf or purporting to assert a claim under or through them, hereby do and shall be deemed to have fully, finally, and forever released, settled, compromised, relinquished and discharged any and all of the Released Parties of and from any and all PAGA Claims premised in whole or in part on any of the claims set forth in Paragraph 1.5 above that arose at any time during the PAGA Settlement Period. The PAGA Releasees will be issued a check for their share of the PAGA Payment and will not have the opportunity to opt out of, or object to, the PAGA Payment and release of the PAGA Claims set forth in this Paragraph. The PAGA Releasees are bound by the release of the PAGA Claims regardless of whether they cash their PAGA Payment Check.
Release of PAGA Claims. As of the date the Settlement becomes Final, the LWDA, PAGA Representatives, and, to the maximum extent permitted by law, the PAGA Group Members, release the PAGA Claims, including any and all claims under PAGA during the Covered Period for violations of California Labor Code sections 96(k), 98.6, 232, 232.5, 432.5 (premised on alleged violations of Labor Code §§ 96(k), 98.6, 232, 232.5, 1101, 1102, 1102.5(a), and 1197.5(k), Business & Professions Code §§ 16600, 16720 et. seq., and 17200, California Government Code § 12964.5, and Rule 21F–17 of the Securities and Exchange Commission), 1101, 1102, 1102.5(a), and 1197.5 that were asserted or could have been asserted in the Action based upon the factual allegations asserted in the Complaint and/or any PAGA Notice submitted to the LWDA by the PAGA Representatives (the “Released PAGA Claims”). Except as provided in Section III.G.6, the Released PAGA Claims also include all claims for attorneys’ fees and costs, whether under PAGA, California Code of Civil Procedure section 1021.5, or any other applicable law or doctrine. Subject to the terms of this Agreement, the final judgment or order approving this Settlement shall further bar the LWDA, directly or through any agent or proxy, the PAGA Representatives, and any PAGA Group Members from any future prosecution of the PAGA Claims. It is the intent of the PAGA Representatives, acting as the agent or proxy of the LWDA, to bind the PAGA Group Members through this Settlement and subsequent judgment with respect to the PAGA Claims by operation of res judicata or collateral estoppel to the fullest extent permitted by law. Plaintiff also releases the non-PAGA claims for a public injunction, pursuant to Business & Professions Code § 17200 et seq. alleged in the Complaint.
Release of PAGA Claims. Upon the Effective Date, Plaintiffs, on behalf of themselves, the State of California, and Affected Employees, fully and irrevocably release the Released Parties from all of the Released PAGA Claims, in exchange for the consideration provided to them by this Agreement. All Released PAGA Claims are released for the PAGA Period. Plaintiff, the State of California, and Affected Employees may discover facts in addition to or different from those they now know or believe to be true with respect to the subject matter of the Released PAGA Claims but, upon the Effective Date, they shall be deemed to have – and by operation of the Final Approval Order and Judgment shall have – fully, finally, and forever settled and released any and all of the Released PAGA Claims. It is the intent of the Parties that the Final Approval Order and Judgment entered by the Court shall have full res judicata effect on the Released PAGA Claims and be final and binding upon Plaintiff, the State of California, and Affected Employees with respect to the Released PAGA Claims.
Release of PAGA Claims. As of the Effective Date, PAGA Aggrieved 19 Employees and the LWDA fully and finally release the Released Parties from all claims under the 20 PAGA associated with any and all claims that arose during the PAGA Period based on the facts, 21 theories, and primary rights alleged in the Lawsuit including without limitation for unpaid wages, 22 including, but not limited to, failure to pay minimum wages; failure to pay straight time 23 compensation, overtime compensation, double-time compensation, and/or interest; missed, late, 24 short or interrupted meal and/or rest periods or any allegation that meal or rest periods were not 25 provided, including any claim for any alleged failure to pay premiums for missed, late, short or 26 interrupted meal or rest periods, or to pay such premiums at the regular rate of compensation; 27 reimbursement for business expenses or any other claim that Defendant allowed or required 28 employees to bear any of the costs associated with the operation of Defendant’s business, DocuSign Envelope ID: BDF97D9C-6021-4C02-9621-5C614D6450E7 DocuSign Envelope ID: FF20DA7D-306F-471C-A215-C3D4B805333E 1 including without limitation the use of personal cell phones, home internet, equipment, home 2 electricity, home office infrastructure or other costs incurred; inaccurate or otherwise improper 3 wage statements and/or failure to keep or maintain accurate records; unlawful deductions; any 4 claim for unfair business practices arising out of or related to any or all of the aforementioned 5 claims; any claim for penalties arising out of or related to any or all of the aforementioned claims, 6 including, but not limited to, recordkeeping penalties, wage statement penalties, minimum wage 7 penalties, liquidated damages, and waiting time penalties; and attorneys’ fees and costs. The 8 claims released by the PAGA Aggrieved Employees also include any and all claims under the
Release of PAGA Claims. As provided in the Release of Claims, as of the Effective Final Settlement Date, this settlement forever bars Named Plaintiffs, the LWDA, and any other representative, proxy, or agent thereof, including, but not limited to, any and all Eligible Aggrieved Employees during the PAGA Timeframe, from pursuing any action under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”), Labor Code §§ 2698, et seq., against, the Released Parties based on or arising out of alleged violations of Labor Code sections alleged in the Case.
Release of PAGA Claims. As of the Effective Final Settlement Date and upon fully funding the settlement, the LWDA and each Eligible Aggrieved Employee, including Plaintiffs, individually and on behalf of their heirs, executors, administrators, representatives, attorneys, successors and assigns hereby voluntarily and knowingly is barred from bringing any and all claims seeking civil penalties under the California Labor Code predicated on the PAGA Claims asserted in the Actions, during the PAGA Timeframe against Defendant and Released
Release of PAGA Claims. Upon the Court’s approval of the PAGA Payment and this release of the Released PAGA Claims, Plaintiff and the PAGA Releasees and all persons purporting to act on the PAGA Releasees’ behalf or purporting to assert a claim under or through them, hereby do and shall be deemed to have fully, finally, and forever released, settled, compromised, relinquished and discharged any and all of the Released Parties of and from any and all Released PAGA Claims. The PAGA Releasees will be issued a check for their share of the PAGA Payment and will not have the opportunity to opt out of, or object to, the PAGA Payment and release of the PAGA Claims set forth in this Paragraph. The PAGA Releasees are bound by the release of the Released PAGA Claims regardless of whether they cash their PAGA Payment Check.
Release of PAGA Claims. In Plaintiff’s capacity as a private attorney general “Xxxxxxxxx Employee” acting on behalf of the State of California, the Plaintiff and LWDA 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 of the Released PAGA Claims.
