ANY PENSION, RETIREMENT AND/OR 401(K) PLAN MAINTAINED OR
SPONSORED BY ALLSTATE BASED ON ANY AMOUNT PAID UNDER THIS AGREEMENT.
Nothing in this provision or this Agreement shall in any other way affect the
rights of any Class Member to any benefits under any such plan to which such
Class Member may otherwise be entitled in accordance with the terms of any such
plan.
Class Action Settlement Agreement
Page 18
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 IS 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 WAIVES
ANY POTENTIAL RIGHT TO ANY PENALTY PRESCRIBED BY THE PAGA, THE CALIFORNIA LABOR
CODE OR THE APPLICABLE WAGE ORDER.
(E)
THE PARTIES HERETO, INCLUDING THE PLAINTIFF CLASS, FURTHER
STIPULATE AND AGREE THAT DEFENDANT HAS TAKEN REASONABLE STEPS TO INSURE THAT
BREAKS ARE TAKEN AS REQUIRED BY LAW AND THAT DEFENDANT IS IN COMPLIANCE WITH THE
CALIFORNIA LABOR CODE AND APPLICABLE WAGE ORDER AND THAT CLASS COUNSEL HAS
CONDUCTED A REASONABLE INVESTIGATION AND DETERMINED THAT DEFENDANT IS CURRENTLY
IN COMPLIANCE WITH THE CALIFORNIA LABOR CODE AND APPLICABLE WAGE ORDER AND
BREAKS ARE BEING PROVIDED AS REQUIRED BY LAW.
(F)
THE REFEREE AND THE COURT HAVE REVIEWED THIS AGREEMENT AND
CONCLUDED THAT THE PLAINTIFF CLASS HAS BEEN ADEQUATELY COMPENSATED FOR ALL
VIOLATIONS ALLEGED IN THE CLASS COMPLAINT AND TO WHICH THEY OTHERWISE MAY BE
ENTITLED AND THAT ANY ADDITIONAL PENALTIES PURSUANT TO THE PAGA WOULD BE AN
UNJUST AND OPPRESSIVE AWARD. ACCORDINGLY, TO THE EXTENT ANY PAGA PENALTIES COULD
POTENTIALLY BE AWARDED TO THE PLAINTIFF CLASS, THE COURT HEREBY DETERMINES THAT
NO PAGA PENALTIES SHOULD BE AWARDED. THE PARTIES TO THIS AGREEMENT CONCUR WITH
THIS DETERMINATION.
19.
NO ADMISSION BY THE PARTIES
Allstate and the Released Parties deny any and all claims alleged in the Lawsuit
and in the Class Complaint and deny all wrongdoing whatsoever. Allstate
continues to assert that it properly classified its adjusters as administrative
employees exempt from California and federal