Frequently Asked Questions (FAQ)



  1. What is the Lawsuit About?

  2. Who is Affected by the Settlement?

  3. What if you have worked for BJ’s in Ohio?

  4. What Are Your Options?

  5. What Are the Terms of the Settlement and How Much Can You Expect to Receive?

  6. How Can You Participate in the Settlement?

  7. Who Represents the Parties and How Will the Attorneys for the Class Get Paid?

  8. How Can You Exclude Yourself or “Opt-Out” of the Settlement?

  9. How Can You Object?

  10. What if You Do Nothing?

  11. What if You Have Questions?






1. What is the Lawsuit About?

A former mid-manager of BJ's Wholesale Club, Inc. filed a lawsuit against BJ’s alleging that he should have been classified as a non-exempt employee and that he was entitled to overtime. Two additional mid-managers later joined the lawsuit.

BJ’s denies Plaintiffs’ allegations and asserts that its pay practices with respect to all mid-managers have complied with all legal requirements.

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2. Who is Affected by the Settlement?

The settlement affects individuals who worked for BJ’s in the following mid-manager positions:

  • Bakery Manager
  • Closing Manager
  • Customer Services Manager
  • Deli/Seafood/Chicken Rotisserie Manager
  • Maintenance Recovery Manager
  • Meat Manager
  • Membership Acquisition and Retention Manager
  • Merchandise Assistant/Night Merchandise Assistant (including the Food, General Merchandise, and Zone II designations)
  • Night Inventory Control Manager
  • Perishables Manager
  • Receiving/Inventory Control Manager
  • Receiving Manager/Night Receiving Manager
  • Replenishment Manager/Night Replenishment Manager
  • Tire Installation Manager
  • Front Line Shift Manager
  • Import-Export Manager
  • Jewelry Department Manager
  • Specialty Sales Manager
  • Mid-Manager In Training
  • Night Mid-Merchant
  • Mid-Merchant

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.

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. You must have worked in one of these states during the time periods indicated to be eligible to participate in the Settlement:

On or after January 24, 2004
through January 24, 2010
Maine
New York
On or after November 18, 2005
through January 24, 2010
Massachusetts
On or after January 24, 2007
through January 24, 2010
Maryland
Pennsylvania
Rhode Island
South Carolina
Virginia
On or after January 24, 2008
through January 24, 2010
Connecticut
Florida
Georgia
New Hampshire
New Jersey
North Carolina
On or after January 24, 2009
through January 24, 2010
Delaware

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3. What if you have worked for BJ’s in Ohio?

As a team member in Ohio, you are part of the federal class described above and in the official court Notice of the settlement. 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.

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4. What Are Your Options?

You have four options with regards to this Settlement. You can:

  1. Participate in the Settlement by filing a Consent to Join and Claim Form - the deadline to submit a Consent to Join and Claim Form was July 21, 2010;
  2. Do nothing;
  3. Request to be excluded from the Settlement - the deadline to request exclusion was May 31, 2010; or
  4. 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.

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5. What Are the Terms of the Settlement and How Much Can You Expect to Receive?

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 made 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.

The amount of wages class members earned during the period covered by the Settlement, as reflected in the records provided by BJ’s to the Settlement Administrator, was set forth in the Consent to Join and Claim Form included with the Notice eligible class members received. Also indicated is the amount that class members would be anticipated to receive now that the Settlement has been approved and the requested attorneys’ fees and costs and named plaintiff service awards have been approved. If you believe that the amount of your wages is not accurate, you can indicate your disagreement on the Claim Form, but if you do so, you must provide pay-stubs or other documentation supporting your claim.

Net settlement funds not paid out to settle claims shall be distributed to a charitable organization approved by the Court or otherwise as directed by the Court.

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6. How Can You Participate in the Settlement?

If class members returned the “Consent to Join and Claim Form” postmarked by July 21, 2010, each will receive a monetary award since the Court approved the Settlement.

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7. Who Represents the Parties and How Will the Attorneys for the Class Get Paid?

Attorneys for Plaintiffs & the Class:

KLAFTER OLSEN & LESSER LLP
Seth R. Lesser, Esq.
Fran L. Rudich, Esq.
Two International Drive, Suite 350
Rye Brook, NY 10573
Ph: 914.934.9200
Fax: 914.934.9220
www.klafterolsen.com

The named plaintiffs for the settlement are Kevin Caissie, Greg Bryant and Lee Smith, former BJ’s mid-managers.

Class Counsel will apply to the Court for legal fees and reimbursement of costs of litigation in an amount of no more than thirty percent (30%) of the total settlement amount. Class Counsel will also request service awards of no more than $10,000 for each named plaintiff. The actual amount awarded will be determined by the Court to ensure that the amount of attorneys’ fees and costs is reasonable.

Attorneys for Defendant are:

CONSTANGY, BROOKS & SMITH LLP
Ellen C. Kearns, Esq.
Christopher M. Pardo, Esq.
Counsel for Defendant
535 Boylston Street, Suite 902
Boston, MA 02116
Ph: 617.849.7880
Fax: 617.849.7870

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8. How Can You Exclude Yourself or “Opt-Out” of the Settlement?

If you are a member of the State Class described above (meaning you worked in a listed mid-manager position in a BJ’s store in the state indicated during the period indicated), you may have excluded yourself from the Settlement by submitting a “Request for Exclusion” to the Settlement Administrator. If you excluded yourself, you will not participate in these proceedings, nor will you receive any recovery from the net settlement fund. You will have also retained the right to assert any claims you may have against BJ’s relating to the payment of wages or hours of work.

The deadline to request exclusion from the State Class was May 31, 2010. In order to be excluded from the State Class, you must have submitted a Request for Exclusion from the settlement class, in writing to the Settlement Administrator, with a postmark date of no later than May 31, 2010. This Request for Exclusion should have included your name and address, and should have stated: (1) that you are requesting to be excluded from the Parties’ settlement in the case Caissie, et al. v. BJ’s Wholesale Club, Inc., Case No. 08-CV-30220-MAP; and (2) that you understand that by excluding yourself from the Settlement, you will receive no funds in conjunction with the case.

If you are not a member of the State Class (described in question 2, above), you need not have done anything to exclude yourself from this Settlement as you will only be a member of the Federal Class if you timely submitted a Consent to Join and Claim Form to the Settlement Administrator.

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9. How Can You Object?

The deadline to object to the Settlement was May 31, 2010.

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10. What if You Do Nothing?

Individuals who did not return the “Consent to Join and Claim Form” or who submitted a request for exclusion from the Settlement will not receive any money from the Settlement.

If you filed a Consent to Join and Claim Form and do nothing more, you will be bound by the Settlement, which has been approved by the Court, and will be deemed to have released all your federal, state, and local claims for payment of hours worked for BJ’s during the Relevant Period applicable to you. You will receive a payment by mail at your last known address.

If you do nothing and have worked for BJ’s in Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, and/or Virginia, you will be deemed to have released and waived any claims during the Relevant Period applicable to you under state or local laws, which were, or could have been, alleged based on the facts set forth in the Complaint. You will not receive any money pursuant to this Settlement.

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11. What if You Have Questions?

For more information about the Settlement or if you have any questions regarding the Settlement, you may examine the Court file for the lawsuit, contact the Settlement Administrator or contact Class Counsel.

In order to see the complete court file, including a copy of the settlement agreement, you should visit the Clerk of the Court, United States District Court for the District of Massachusetts, 300 State Street, Springfield, Massachusetts 01105. The Clerk will make all files relating to this lawsuit available to you for inspection and copying at your expense.

You can contact Class Counsel at the address or numbers listed in question 6, above. You may also obtain additional information concerning the Settlement by contacting the Settlement Administrator at:

BJ’s Wholesale Club, Inc. Settlement
c/o The Garden City Group, Inc.
P.O. Box 9464
Dublin, OH 43017-4564
1 (888) 404-8013

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