The lawsuit, entitled, Gene Cintron, et al. v. BJ's Wholesale Club Inc., Case No. 1:12-cv-11064, in the U.S. District Court for the District of Massachusetts, alleges BJ' purposefully misclassified key managers, including loss prevention managers, asset protection managers and personnel managers, in order to avoid paying them overtime.
The unpaid wages and overtime lawsuit was filed against BJ' in June 2012. Specifically, the plaintiffs claim they were "required"to work in excess of 40 hours a week without overtime compensation. The plaintiffs allege this is in direct violation of the Fair Labor Standards Act (FLSA) as well as state laws. According to the lawsuit, there are only a few of the positions at BJs which are exempt from overtime. The employees in this class action were incorrectly put in those categories as a means of avoiding overtime payments.
Plaintiffs are asking the judge to certify a proposed class of all BJ' managers who worked for the company from July 19, 2009, until the present. They are also seeking certification of a sub-class of employees who worked in 15 states, including Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island and Virginia.