EXHIBIT 10.40 AMENDMENT TO EMPLOYMENT AGREEMENT DATED JUNE 12, 1995 Reference is made to the Executive Employment Agreement dated as of June 12, 1995 (the "Agreement") by and between J. Baker, Inc. and David Levin. Pursuant to paragraph 19 of the Agreement and in order to amend certain provisions of the Agreement, the Agreement is hereby amended as follows: 1. Paragraph 6 of the Agreement is hereby amended by deleting the phrase "ending on June 12, 1997" in the fifth line thereof and inserting in its place the phrase "ending on April 1, 1998". 2. All other terms of the Agreement shall remain unchanged and continue in full force and effect. J. BAKER, INC. By:/s/ Jerry M. Socol April 5, 1996 Jerry M. Socol Date President and Chief Executive Officer /s/ David A. Levin April 5, 1996 David Levin Date