Released PAGA Claims. As of the Effective Date and upon full funding of the Gross Settlement Amount and all employer payroll taxes owed on the Wage Portion of the Individual Class Payments by Defendant, 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. The “Released PAGA Claims” are all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the facts stated in the Operative Complaints and the PAGA Notice, which occurred during the PAGA Period and expressly excluding all other claims, including claims for vested benefits, Plaintiff’s ninth cause of action for constructive discharge, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, worker’s compensation, and PAGA claims outside of the PAGA Period.
Released PAGA Claims. Upon Defendant’s fulfillment of its payment obligations under Section III (J)(9)(a) below, the claims that Plaintiffs, the other Eligible Aggrieved Employees, and the LWDA are releasing in exchange for the consideration provided for by this Settlement are all claims, rights, demands, damages, liabilities and causes of action (along with related claims and all associated penalties), in law or in equity, arising at any time during the PAGA Timeframe and that were or that reasonably could have been alleged based on the facts alleged in the Complaint and in Plaintiff Xxxx Xxxxx’x letter to the LWDA. Eligible Aggrieved Employees further covenant not to sue concerning the Released PAGA Claims. It is the intent of the Parties that the Final Approval entered by the Court shall have full res judicata effect and be final and binding upon Eligible Aggrieved Employees regarding the Released PAGA Claims as provided for herein.
Released PAGA Claims. Upon the Effective Date and funding in full of the Gross Settlement Amount by Defendant, all PAGA Members shall release all Released Parties from all Released PAGA Claims during the PAGA Period, irrespective of whether they opted-out of the class settlement and will be bound by this PAGA Release (the “PAGA Release”). “Released PAGA Claims” are defined as any and all claims for civil penalties alleged under California Labor Code section 2698 et seq. (PAGA) that were asserted in the Plaintiffs' operative complaint in the Action and/or Plaintiffs' letters and communications with the LWDA; and/or that could have been asserted in the Plaintiffs' operative complaint in the Action or Plaintiffs' letters and communications with the LWDA based on the facts and/or allegations alleged in Plaintiffs' operative complaint in the Action and/or Plaintiffs' letters and communications with the LWDA. This release includes, but is not limited to, claims for PAGA civil penalties premised on: rest periods; meal periods; overtime wages; calculation of the regular rate and/or overtime/double time pay; timeliness of wages; payment of wages at separation of employment; stipends, per diems, or other expense reimbursements; waiting time penalties; itemized wage statements and/or accuracy of wage statements; any unpaid wages, compensation, premiums related to any or all of the foregoing claims; and attorneys' fees or costs related to any or all of the foregoing claims.
Released PAGA Claims. As of the date of the Order Granting Final Approval, and only after the Settlement has been fully funded by Defendants, 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 could have been alleged based on the facts alleged in the PAGA Notice and the Operative Complaint. All Aggrieved Employees, including those who timely and effectively submit a Request for Exclusion from the Settlement, shall nevertheless be bound by the Released PAGA Claims and shall receive a pro rata portion of 25 percent of the PAGA Settlement Amount. The Released PAGA Claims include any and all claims asserted in the Action, and wage and hour claims, rights, demands, liabilities and causes of action of any nature or description arising from or related to the facts and claims alleged in the Action, or that could have been alleged in the Action based on the facts and claims alleged in the Action, and/or Plaintiff’s PAGA Notice, including, without limitation, California Labor Code sections 96, 98.6, 200, 201, 201.3, 202, 203, 204, 204b, 204.1, 204.2, 205, 205.5, 210, 218.6, 221, 223, 226, 226.3, 226.7, 227.3, 232, 232.5, 246, et seq., 404, 432, 510, et seq., 512, 515, 558, 558.1, 1102.5, 1174, 1174.5, 1181.12, 1194, 1194.2, 1197, 1197.1, 1197.5, 1182.12, 1198.5, 1199, 2698, et seq., 2699, 2699.3, 2802, et seq., 2810.5, 6401, 6402, 6403, 6409.6, California Code Regs, title 8, sections 11040, 110404, Business and Professions Code sections 16600, 16700, and 17200, and the applicable Industrial Welfare Commission Wage Order(s).
Released PAGA Claims. Plaintiff and all PAGA Aggrieved Employees will release and discharge the Released Parties from any and all claims under the PAGA premised on the facts and/or allegations in Plaintiff’s letter to the LWDA dated February 26, 2021 that arose during the PAGA Period (the “PAGA Release”). It is understood and acknowledged that PAGA Aggrieved Employees receiving a share of the PAGA Amount as set forth in Paragraph 4.B.1. will be issued a check for their share of the PAGA Amount and will not have the opportunity to opt out of, or object to, the PAGA Release as set forth in this Paragraph. The PAGA Release is binding upon Plaintiff and all PAGA Aggrieved Employees upon Court approval and payment of the PAGA Amount as set forth in Paragraph 4.B.1. Further, the PAGA Aggrieved Employees are bound by the PAGA Release regardless of whether they cash their PAGA check.
Released PAGA Claims. After the Court’s judgment is final, and Xxxxxxxxx has paid the Gross Settlement, all Aggrieved Employees will be barred from asserting PAGA claims against Defendant, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Release of PAGA Claims is as follows: All Class Members who are Aggrieved Employees (regardless of whether they are participating in the class action component of the Settlement) are deemed to release, on behalf of themselves and their respective former and present spouses, family members, 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 and ascertained in the course of the Action including, but not limited to, any claims for civil penalties based on Defendant’s alleged:
Released PAGA Claims. Upon full funding of the Gross Settlement Amount, Defendant shall receive a release from the State of California of all PAGA claims for civil penalties under California Labor Code Sections 2698 et. seq., pled in the operative complaint or that could have been pled based upon the factual allegations contained in the operative complaint and the LWDA Notices submitted by Plaintiff that occurred during the PAGA Period as to the Aggrieved Employees (“Released PAGA Claims”). The release of the Released PAGA Claims shall be effective as regardless of whether an Aggrieved Employee submitted a request for an exclusion from the Class. The Released PAGA Claims do not include other PAGA claims, underlying wage and hour claims, claims for vested benefits, wrongful termination, discrimination, unemployment insurance, disability and worker’s compensation, and claims outside of the PAGA Period.
Released PAGA Claims. 57. Upon Xxxxx’s transfer of the Maximum Settlement Amount and the amount of Urban’s share of applicable employer payroll taxes on the wage-portion of the Class Settlement Payments to the Settlement Administrator, Plaintiff individually, and the State of California, the LWDA, and all PAGA Members, through Plaintiff acting as the proxy and agent for the State of California and the LWDA and as a Private Attorney General acting on behalf of all allegedly aggrieved current and former employees of Urban, will be deemed to have fully, finally, and forever released the Urban Releasees from all Released PAGA Claims as set forth in Section VII.
Released PAGA Claims. As of the Effective Date and upon full funding of the Gross Settlement Amount by Defendants, 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 Released PAGA Claims. The “Released PAGA Claims” are any and all claims for civil penalties under PAGA penalties that were alleged, or reasonably could have been alleged, based on the factual allegations as stated in the Operative Complaint (as defined in Section 2.5) and the PAGA Notices during the PAGA Period that Plaintiff, on behalf of herself the LWDA and the Aggrieved Employees, alleged against Defendants and the Released Parties, including PAGA Claims predicated on alleged violations of Labor Code sections 201, 202, 203, 204, 226, 226.7, 351, 510, 512, 558(a)(1)-(2), 1194, 1194.2, 1197, 1197.1, 1198, 2750.3 and 2802, and Industrial Welfare Commission Wage Orders (including and not limited to Wage Order No. 5-2001. The Released PAGA Claims do not include other PAGA claims, underlying wage and hour claims, claims for vested benefits, wrongful termination, discrimination, unemployment insurance, disability, social security, and worker’s compensation, and PAGA claims outside of the PAGA Period.
Released PAGA Claims. Upon the Effective Date, Defendant shall receive a release from the State of California of all PAGA claims for civil penalties under California Labor Code Sections 2698 et. seq., predicated on the violations of the applicable California Labor Code sections and applicable Wage Orders as alleged in the LWDA Notices submitted by Plaintiffs and the operative First Amended Consolidated Complaint which occurred during the PAGA Period (“Released PAGA Claims”). The Released PAGA Claims may be released against all Released Parties. The Released PAGA Claims exclude any PAGA claims outside the PAGA Period. The release of the Released PAGA Claims shall be effective as to all Aggrieved Employees, regardless of whether an Aggrieved Employee submitted a request for an exclusion from the Class. The Released PAGA Claims do not include other PAGA claims, underlying wage and hour claims, claims for wrongful termination, discrimination, unemployment insurance, disability and worker’s compensation, and claims outside of the PAGA Period.
