What am I giving up by participating in the settlement. Regardless of whether you cash a settlement check, if you do not exclude yourself from the settlement (as described in Section 11 below), you will release the Released Class Claims. This means that you cannot sue, continue to sue, or be part of any other legal action against Alteryx asserting any claims, debts, liabilities, demands, obligations, guarantees, penalties, costs, expenses, attorneys’ fees, damages, liquidated damages, actions or causes of action of whatever kind or nature, whether known or unknown, contingent or accrued, against Alteryx, or any of its current or past predecessors, successors, affiliates, subsidiaries, parent companies, current and past employees, insurers, agents, consultants, legal representatives, and any other related entities, and all of their past, present and future officers, shareholders, owners, members, directors, partners, agents, managers, lawyers, employees, assigns, insurers, predecessors-in-interest, successors-in- interest, and underwriters (“Releasees”), arising out of or relating to the allegations asserted in the Operative Complaint, are asserted in the Operative Complaint, or that could have been asserted in the Operative Complaint based on the allegations in the pleadings, whether in contract or based on putative violations of any federal, state or local law (including but not limited to the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., the California Labor Code, the California Business & Professions Code, and the Wage Orders of the California Industrial Welfare Commission (8 Cal. Code Regs. § 11010 et seq.)), that accrued during Class Members’ employment as Inside Sales Representatives from November 12, 2016 to February 28, 2021, including, without limitation, all claims for unpaid wages, including minimum wages, premium pay of any kind, meal period violations, rest break violations, wage statement violations, the failure to timely pay wages during employment and upon termination of employment, all related claims for penalties, interest, liquidated damages, attorneys’ fees, costs, and expenses, including any and all claims arising from the factual allegations in the operative complaint(s) that the Class Members do not know or suspect to exist in their favor, which if known by them, would have materially affected the settlement and the release of the Releasees. If you cash your settlement check, you also will release the Released Collective Claims. This means that you cannot sue, continue to sue...
What am I giving up by participating in the settlement. If you cash your settlement check, you will release the Released Collective Claims. This means that you cannot sue, continue to sue, or be part of any other legal action against Alteryx asserting any claims, debts, liabilities, demands, obligations, guarantees, penalties, costs, expenses, attorneys’ fees, damages, liquidated damages, actions or causes of action of whatever kind or nature, whether known or unknown, contingent or accrued, against Alteryx, or any of its current or past predecessors, successors, affiliates, subsidiaries, parent companies, current and past employees, insurers, agents, consultants, legal representatives, and any other related entities, and all of their past, present and future officers, shareholders, owners, members, directors, partners, agents, managers, lawyers, employees, assigns, insurers, predecessors-in-interest, successors-in- interest, and underwriters (“Releasees”), arising out of or relating to the allegations asserted in the Operative Complaint, are asserted in the Operative Complaint, or that could have been asserted in the Operative Complaint based on the allegations in the pleadings, whether in contract or based on putative violations of any federal, state or local law (including but not limited to the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., the California Labor Code, the California Business & Professions Code, and the Wage Orders of the California Industrial Welfare Commission (8 Cal. Code Regs. § 11010 et seq.)), that accrued during Collective Members’ employment as Inside Sales Representatives from November 12, 2017 to February 28, 2021, including, without limitation, all claims for unpaid wages, including minimum wages, premium pay of any kind, meal period violations, rest break violations, wage statement violations, the failure to timely pay wages during employment and upon termination of employment, all related claims for penalties, interest, liquidated damages, attorneys’ fees, costs, and expenses, including any and all claims arising from the factual allegations in the operative complaint(s) that the Settlement Members do not know or suspect to exist in their favor, which if known by them, would have materially affected the settlement and the release of the Releasees. The Lawyers Representing You
What am I giving up by participating in the settlement. Settlement Class Members (other than those who timely submit requests for exclusion) will be bound by a release of claims. The release discharges Defendants, and any of their former, present and future direct and indirect parents, affiliates, subsidiaries, successors and predecessors and all of their respective former, present and future officers, directors, shareholders, managers, general partners, limited partners, employees, servants, agents, principals, attorneys, representatives, insurers, reinsurers, predecessors, successors, divisions, joint ventures, assigns, independent contractors and vendors (“Released Parties”), from any and all actions, causes of action, obligations, costs, expenses, damages, losses, claims, liabilities, and demands, of whatever character, known or unknown, arising out of, relating to, or in connection with, the operative complaint in the Action, the claims asserted in the Action, the Released Parties’ recording and/or monitoring of calls, and the administration of this settlement. As part of the release, each Settlement Class Member who does not timely submit a request for exclusion will waive all rights and benefits afforded by section 1542 of the California Civil Code as it relates to the released claims or any other similar statute of any other state with respect to the claims released, and will do so understanding the significance of that waiver. Section 1542 provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. By waiving Section 1542, each Settlement Class Member (other than those who have timely and properly submitted a request for exclusion) acknowledges that he or she may hereafter discover facts different from, or in addition to, those which he or she now claims or believes to be true with respect to the claims released, and agrees that the settlement shall remain effective in all respects notwithstanding the discovery of such different, additional or unknown facts. Each Settlement Class Member who does not submit a request for exclusion assumes the risk of any misrepresentation, concealment or mistake. If the Settlement Class Member should subsequently discover that any fact relied upon by him or her in deciding whether to participate in the settlement was untrue, or that any fact was concealed from him or her...
