B.J.’s Wholesale Club, Inc., a food wholesale club with over 190 locations, has agreed to pay $2.7 million to settle claims that employees were not properly compensated for overtime work. The suit, brought by BJ’s Asset Protection Mangers (APMs), alleged that they were misclassified as “exempt” workers and that they were regularly required to work over 40 hours a week, in violation of the Fair Labor Standards Act as well as state laws. As a result, these employees were paid less than what they were owed.
The court has preliminary approved the settlement, certify a class including all BJ’s managers who worked for the company from July 19, 2009 until the present in 15 states, including Connecticut, Delaware, Florida, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, and Virginia. A final approval hearing will be held in February 2014.
The case is Cintron v. BJ’s Wholesale Club, Inc., 1:12-cv-11064, U.S. Dist. Court for the District of Massachusetts.