If You Are A Present Or Former Mid-Manager at BJ’s Warehouse Club, Inc., Your Rights May Be Affected By a Proposed Class Action Settlement.
A class action settlement has been reached in a class action lawsuit pending against BJ’s Warehouse Club, Inc. (“Defendant”) in the United States District Court for the District of Massachusetts (styled Kevin R. Caissie v. BJ’S Wholesale Club, Inc., Case No. 08-CV-30220-MAP) alleging that certain BJ’s Wholesale Club mid-managers were not paid proper overtime wages for weeks in which they worked more than 40 hours because BJ’s Wholesale Club misclassified them as “exempt” from federal and state overtime pay requirements, in violation of certain state laws and the federal Fair Labor Standards Act (“FLSA”), according to the BJ’S Wholesale Club mid-manager wage and hour and overtime pay class action settlement website.
The BJ’S Wholesale Club mid-manager wage and hour and overtime pay class action lawsuit settlement reportedly provides, among other things, that if the settlement is approved by the Court, BJ’s Wholesale Club will pay a total of $9,194,499 into a class action settlement fund which, after subtracting certain costs related to the settlement, including attorney’s fees for the lawyers representing the plaintiff class, will be divided proportionally among all of the settlement class members that timely submit valid “Consent to Join and Claim Forms.”
The BJ’S Wholesale Club class action settlement provides for a federal settlement class consisting of all individuals who have worked anywhere in the United States for BJ’s Wholesale Club in the mid-manager positions described below within the three years prior to the timely return of their Consent to Join and Claim Form:
- 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 BJ’S Wholesale Club class action settlement also reportedly provides for a certified state settlement class consisting of all individuals who have worked for BJ’s Wholesale Club in the mid-manager positions identified above in Connecticut, Florida, Georgia, New Hampshire, New Jersey or North Carolina on or after January 24, 2008, Maryland, Pennsylvania, Rhode Island, South Carolina or Virginia on or after January 24, 2007, Maine or New York on or after January 24, 2004, Massachusetts on or after November 18, 2005, and/or Delaware on or after January 24, 2009, and who have not requested to be excluded from the class action settlement.
The District Court, Judge Michael Ponsor, has scheduled a final fairness hearing on June 21, 2010 at 2:00 p.m. to determine, inter alia, whether the BJ’S Wholesale Club mid-manager wage and hour and overtime pay class action lawsuit settlement should be finally approved.
For more information on the BJ’S Wholesale Club mid-manager wage and hour and overtime pay class action lawsuit settlement and potential settlement benefits, and/or for updates on the settlement, call the BJ’S Wholesale Club mid-manager Settlement Administrator at 1 (888) 404-8013 or visit the BJ’S Wholesale Club midmanager overtime pay class action settlement website:
www.midmanagerssettlement.com
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