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BJ’s Wholesale Club Overtime Lawsuits: Wage & Hour Laws

BJ’s Wholesale Club Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about BJ’s Wholesale Club:

What is BJ’s Wholesale Club?

BJ’s Wholesale Club is a leading operator of membership warehouse clubs in the Eastern United States. The company currently operates over 210 clubs in 16 states from Maine to Flordia and employs more than 25,000 team members.

Who Does BJ’s Wholesale Club Employ?

BJ’s Wholesale Club employs more than 25,000 people. Our experienced overtime pay lawyers handle cases for all BJ’s Wholesale Club employees, including the following:

Where is BJ’s Wholesale Club Located?

BJ’s Wholesale Club’s corporate headquarters is located in Westborough, MA. The company currently operates over 210 Clubs in 16 states.

Some of the U.S. locations include:

BJ’s Wholesale Club Overtime Pay Lawsuit News

Related BJ’s Wholesale Club Overtime Pay Lawsuit News

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What are the Laws for BJ’s Wholesale Club Employee Overtime Pay?

Under the Fair Labor Standard Act (FLSA), many BJ’s Wholesale Club employees are considered non-exempt and therefore entitled to overtime pay.

If an employee is non-exempt under the FLSA, the law requires that they are paid overtime wages of one and one-half times their regular rate of pay for every hour past 40 in one week.

The FLSA has several exemptions, however, that would preclude employees from receiving overtime pay. For example, employees with “administrative” or “professional” roles may fall under these exemptions.

It is important to note that exemption is not determined solely based on job title. Rather, job description, job duties, rate of pay, and hours worked are used to determine if an employee should receive overtime pay.

On top of the FLSA, some states have their own overtime pay laws. These laws may complement or contradict the FLSA, so it is important to consult an experienced attorney who is familiar with all the applicable overtime pay laws.

Are BJ’s Wholesale Club Employees Entitled to Overtime Pay?

Some BJ’s Wholesale Club employees are required to work double shifts, as well as additional time before and after their scheduled shift. As a result, many BJ’s Wholesale Club employees end up working more than 40 hours per week, and are therefore entitled to overtime pay.

Employees who are exempt under the FLSA are not entitled to overtime pay. Whether or not a BJ’s Wholesale Club employee falls under the “administrative” or “professional” exemptions is determined based on job description, job duties, rate of pay, and the number of hours worked.

Employers often deny or unlawfully refuse to pay overtime by misclassifying the positions of the workers, claiming that they are exempt when, in reality, they are not. For example, BJ’s Wholesale Club location or shift managers may be classified as exempt by the company based on their “manager” title, when, in reality, their job duties reflect a non-exempt position.

Under the FLSA, workers classified as “managers” can be overtime exempt, but must perform certain duties vital to the businesses operations including hiring and firing subordinates, creating work schedules and setting employee pay. Companies often give titles like “manager” or “supervisor” to workers who do not perform necessary duties, as a means to avoid paying overtime and keep payroll down.

BJ’s Wholesale Club may also require their employees to report to work early but not “punch the clock” until later or strike hours off of time cards, or they may refuse to pay employees for work done before the shift starts and after they punch out for the day. These are violations of the Fair Labor Standards Act (FLSA) and can give rise to an overtime pay lawsuit.

An experienced overtime pay attorney will be able to analyze your case in the context of the FLSA and your state’s laws to determine if you are due overtime wages from BJ’s Wholesale Club.

Does BJ’s Wholesale Club Have to Pay Overtime Wages to its Employees?

In many cases BJ’s Wholesale Club is required to pay overtime wages to employees that work more than 40 hours in one week. This excludes employees who are considered exempt under the FLSA.

Exemption is not cut and dry; the FLSA is a complicated law and state laws can complicate the picture even further.

If you believe that BJ’s Wholesale Club owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws.

To determine whether you are eligible for filing a wage claim, contact our experienced BJ’s Wholesale Club Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page.  We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

Has BJ’s Wholesale Club Been Involved in Overtime Pay Lawsuits?

Over the past several years, current or former employees have brought a number of lawsuits against companies like BJ’s Wholesale Club in an effort to reclaim lost overtime wages. If you believe BJ’s Wholesale Club is denying you overtime wages, you could have a case similar to that of a previous lawsuit. Here are a few examples of such lawsuits:

  •  An overtime pay lawsuit was filed by Yelp employees against the company for unpaid wages.  The Yelp call center gents worked a full-time schedule and were required to use Yelp’s computer networks, programs, and applications in order to perform their jobs.  However, the agents were required to perform off-the-clock work to boot-up their computers and software programs before their shifts, and to shut-down the computers after their shifts.  The agents were not paid for their off-the-clock work, which amounted to 10 to 25 minutes of unpaid work per day.
  • Even large companies such as JPMorgan Chase are susceptible to misclassifying employees leading to lawsuits. Assistant Branch Managers alleged just that, and have recently been awarded $16.7 million dollars in back pay. Of the roughly 5,400 employees, each member will receive $3,000 each for their claims that date back to 2012. JPMorgan Chase stated employees were getting a great deal seeing as many of the employees involved did not work overtime hours often. JPMorgan Chase also pointed out that branches are seldom open for more than 40 hours in a week, and that number is offset by breaks and lunches.

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