SOURCE: Klafter Olsen & Lesser LLP

November 18, 2009 11:07 ET

Klafter Olsen & Lesser LLP Announces Settlement of Overtime Class Action Against BJ's Wholesale Club Inc.

RYE BROOK, NY--(Marketwire - November 18, 2009) - Klafter Olsen & Lesser LLP has reached a $9.3 million settlement of an overtime pay class action lawsuit against BJ's Wholesale Club Inc. (NYSE: BJ). The settlement, which is subject to Court approval, is intended to resolve claims that BJ's misclassified certain Mid Manager employees as exempt from receiving overtime for hours worked in excess of 40 hours per week. Plaintiffs claim that they were misclassified because their primary responsibilities included hourly duties such as loading and unloading materials, stocking shelves and other activities which are not exempt under federal and state overtime laws. Under the settlement, approximately 1,500 current and former Mid Managers employed by BJ's since November 2007 will be entitled to make claims to share in the recovery, based on the number of weeks they were employed by the company.

"We are very pleased with the resolution of this litigation," said Seth Lesser of Klafter Olsen & Lesser LLP, attorneys for the plaintiffs. "The employees will be able to obtain the overtime to which they were entitled and do so within six months."

Further details will be included in the notice that is expected to be sent to all class members after the New Year following Court review and approval.

Klafter Olsen & Lesser LLP has extensive expertise representing and obtaining recoveries for employees improperly classified by their employers as exempt from the overtime requirements of the Federal Labor Standards Act and similar state laws. The Firm has offices in New York, Washington D.C. and New Jersey. Please visit our website,, for more information about the Firm.

Contact Information

  • Contact:
    Seth R. Lesser
    Two International Drive, Suite 350
    Rye Brook, NY 10573
    (914) 934-9200