Former mid-managers of BJ’s Wholesale Club, Inc. (“BJ’s” or the “Company”) sued BJ’s in a lawsuit, claiming that certain mid-managers (identified below) (collectively “mid-managers”) were not paid proper overtime wages for weeks in which they worked more than 40 hours because they were classified by the Company as “exempt” from federal and state overtime pay requirements.
BJ’s denies Plaintiffs’ allegations and asserts that its pay practices with respect to all mid-managers have complied with all legal requirements.
If you were a mid-manager who held one of the following positions during the time period stated in the Notice, you may be eligible to receive money from this Settlement: Bakery Managers, Closing Managers, Customer Services Managers, Deli/Seafood/Chicken Rotisserie Managers, Maintenance Recovery Managers, Meat Managers, Membership Acquisition and Retention Managers, Merchandise Assistants/Night Merchandise Assistants (including the Food, General Merchandise, and Zone II), Night Inventory Control Managers, Perishables Managers, Receiving/Inventory Control Managers, Receiving Managers/Night Receiving Managers, Replenishment Manager/Night Replenishment Managers, Tire Installation Managers, Front Line Shift Managers, Import-Export Managers, Jewelry Department Managers, Specialty Sales Managers, Mid-Managers In Training, Night Mid-Merchants and Mid-Merchants.
The Court has certified, for settlement purposes only, the following classes:
FEDERAL CLASS: The federal class consists of all individuals who have worked anywhere in the United States for BJ’s in the mid-manager positions described above within the three years prior to the timely return of their Consent to Join and Claim Form (including Ohio team members).
STATE CLASS: The state class consists of all individuals who have worked for BJ’s in the mid-manager positions described above in Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, and/or Virginia who did not request to be excluded from the Settlement.
What Does the Settlement Provide?
Since the Settlement has been approved, BJ’s will pay a total of $9,194,499 into a fund. After subtracting the costs related to the Settlement, including attorney’s fees for the lawyers representing the plaintiff class, the remaining money in the fund will be divided proportionally among all of the class members. Any class member who makes a valid claim will receive his or her fair share of the Settlement money. The estimated amount of money class members will receive if they join the lawsuit is explained in the Claim Form mailed to class members.
Class Member Options
- Participate in the Settlement and receive money from the Settlement fund by filing a Consent to Join and Claim Form - the deadline to submit a Consent to Join and Claim Form was July 21, 2010;
- Request to be excluded from the Settlement - the deadline to request exclusion was May 31, 2010;
- Object to the Settlement and/or request by Class Counsel for an award of attorneys fees, service awards to the plaintiffs, and reimbursement of expenses - the deadline to object to the settlement was May 31, 2010;
- Do nothing.
Final Approval Hearing
The Final Approval Hearing was held on June 21, 2010, before Judge Michael Ponsor at the United States Courthouse in Springfield, Massachusetts. At the hearing, the Settlement was approved as fair, reasonable and adequate.
|May 31, 2010 (postmarked)|
|May 31, 2010 (filed and served)|
|Consent to Join and Claim Form Deadline
|July 21, 2010 (postmarked)|
|Final Approval Hearing
|June 21, 2010 at 2:00 p.m.|