This excerpt taken from the ALL 10-Q filed Nov 1, 2005.
18. WAIVER OF RIGHTS
(a) Defendant waives any right it may have to further appeal or contest, in any manner, the order certifying this matter as a class action or the order granting Plaintiffs motion for summary adjudication.
(b) Class Members waive any right they may have to overtime pay or any other matter alleged in or related to allegations in the Class Complaint except as provided for in this Agreement.
(c) The parties hereto, including the Plaintiff Class, stipulate and agree that the consideration paid to the Class Members pursuant to this Agreement compensates the Plaintiff Class for all overtime compensation due to them, all penalties, all liability for Breaks and any compensation to which they may be entitled pursuant to the California Labor Code, or the applicable Wage Order, and any related penalties and as such, the Class Members are not aggrieved employees for purposes of the PAGA, and, therefore, Defendant are not liable for any penalties pursuant to the PAGA.
(d) The parties hereto, including the Plaintiff Class, further stipulate and agree that even if any Class Member is considered or determined to be an aggrieved employee for purposes of the PAGA, said Class Member
Sekly v. Allstate
Notice Of Class Action Settlement