BJ's Wholesale Club Inc
"Mid-Managers" Overtime Lawsuit
Mid Managers at BJ’s are suing for unpaid overtime wages. Continue reading for details.
Update:
On November 30, 2015, Plaintiffs’ Counsel filed a motion for settlement approval with the Court. We now have to wait for the Judge to review and God willing approve the settlement.
If the Judge approves the settlement, a neutral third party called an Administrator will mail out instructions and forms to eligible individuals. Eligible individuals who wish to join the settlement will have to return completed forms by a set deadline to be able to participate in the distribution of the settlement funds.
We ask that you please be patient as unfortunately the approval process may take several months.
Number of people who have joined this lawsuit as of October 24, 2014: 70
Q
I. Who is the defendant?
A
BJ’s Wholesale Club. BJ’s Wholesale Club is headquartered in Westborough, Massachusetts. According to their website, they are the leading operator of membership warehouse clubs in the Eastern United States. There are 201 clubs in 15 different states.
Q
II. What is this case about?A
Unpaid overtime wages. Mid-Managers at BJ’s are paid a salary but not paid any overtime wages when they work beyond 40 hours in a week. We claim in this lawsuit that this is wrong and that Mid- Managers are entitled to be paid on an hourly basis, including time and a half when they work more than 40 hours in a week.
Q
III. But I was told that I am salaried. Does this mean that I don’t get overtime?A
Not true. Whether or not you get overtime is a question of law, and the fact that an employer pays you a salary and no overtime premiums does not mean that you aren’t entitled to overtime. We see many examples of employees who are told that they are salaried when in fact they should have been paid on an hourly basis, including time and a half for hours over forty.
Q
IV. What court is the case filed in? Does it matter?A
This case is filed in Federal Court in Connecticut. It is not limited, however, to Connecticut Mid-Managers. We are seeking nationwide status so that Mid-Managers from around the country can join and be represented.
Q
V. What does the law require?A
State and federal overtime laws require employers to pay time and a half when employees work more than 40 hours in a week. There are exceptions to this rule. Including, exemptions for executives, professionals, and administrators, there are also exemptions for outside sales and inside sales (but only when commissions are more than half of the employee’s total pay). Employees are allowed to join collective actions simply by signing and returning a consent form.
Q
VI. Should I fear Retaliation?A
It is illegal to retaliate against an employee who joins a lawsuit like this. If you experience retaliation, we will help you.
Q
VII. What if I don’t have records of my hours?A
Don’t worry. Employees who are misclassified as “exempt” and not paid overtime can still sue even if they didn’t keep time records. The hours that you worked can usually be determined by other methods, including when you logged on and off a computer system, when you sent emails or made phone calls, and other ways.
Q
VII. Where can I go to get answers to my questions?A
Call us. You are always welcome to call us at Hayber, McKenna & Dinsmore who will do their best to answer your questions. Our number is 860-522-8888.
Q
IX. Who are the lawyers representing Mid Managers?A
The Mid-Managers who brought this lawsuit are being represented by the Hayber, McKenna & Dinsmore. We are experienced overtime class action lawyers and have successfully handled cases like this in the past.
Q
X. How much can I expect to get?A
We claim that Mid-Managers should be paid for the hours they worked beyond forty in a week during the last three years. The actual amount you get (if any) will depend on how many hours you worked, your salary, and other factors.
Q
XI. Will I have to pay any legal fees or costs?A
We have agreed to work on this case on a “contingency” basis which means that our fee, and reimbursement for our costs, will come, if at all, out of any settlement. The court will closely supervise our fee petition and ensure that it is fair to the class.
XII. What is the status of the case?
The following represents the status of the case as of the date indicated:
|
DATE |
COURT FILING |
DESCRIPTION |
| January 22, 2014 | Complaint | This is the lawsuit itself which includes the detailed allegations of wrongdoing. |
| February 19, 2014 | Answer to the Complaint | |
| September 24, 2014 | Memo in Support to Proceed as a Collective Action | |
| December 18, 2014 | Appeal | The plaintiffs recently appealed the court’s decision to dismiss some plaintiffs from the case based on an agreement not to sue that BJ’s claims that these plaintiffs agreed to. These agreements stated that the plaintiffs would take any claims that they had to a private arbitrator instead of joining in an action in court. This decision has been appealed to the Second Circuit Court of Appeals in New York City. |
| November 30, 2015 | On November 30, 2015, Plaintiffs’ Counsel filed a motion for settlement approval with the Court. We now have to wait for the Judge to review and God willing approve the settlement. If the Judge approves the settlement, a neutral third party called an Administrator will mail out instructions and forms to eligible individuals. Eligible individuals who wish to join the settlement will have to return completed forms by a set deadline to be able to participate in the distribution of the settlement funds. We ask that you please be patient as unfortunately the approval process may take several months. |