Making Sense of the Overtime Mess
by Alec Matias, May 31, 2005 10:10am PDTEver since the EA Spouse blog spread like wildfire across the Internet, plenty of attention has been focused on unpaid overtime in the game industry. Multiple class-action lawsuits have been filed against Sony Computer Entertainment America, Electronic Arts, and Vivendi Universal Games, among others. At the heart of the matter is that workers feel they've been improperly labeled as exempt from receiving overtime, which results in large financial losses to them since they're working just as long over 40 hours as they are under it. Making sense of it all is C|Net, who compiled a report that comprehensively explains the situation.
The recent rash of overtime suits in the game industry, and California's labor rules, could well backfire, EA spokesman Jeff Brown warned. He said higher labor costs could push the company to move more of its work out of the state, to places including a new studio being built in China. "This isn't a problem (just) for EA," Brown said. "This is a problem for the state of California." ... To [Tom Buscaglia, an attorney who founded an organization to increase the presence of the game industry in Florida], the lawsuits are a wake-up call for the game industry to switch to more reasonable hours and to keep talented people from leaving the industry. "Ultimately, it makes for better games," he said. "And it makes for a better lifestyle for the people who make them."
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Comments
Oh wait, this is America, just branded myself a Radical Commie Pig for thinking the people that do the work should see more of the results of the work
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That's where SC:Pandora Tomorrow was made, the single player at least.
I can't imagine what the working conditions would have to be like for the chinese to consider them "bad".
Also, the current tactic is to pair an imported western developer with a group of locals so they will learn development by osmosis. Think Gung Ho but with more geek.
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So basically what he's saying is that they use the programmers to make a lot of money, and now that they're asking for some of that money it's no longer a "productive relationship"?
Well, yes, Tarter suggested. He said the wisest policy for software tech support departments probably is to assume that employees are eligible for overtime--but that's not necessarily what techies want. "Tech support employees don't like being called hourly workers," Tarter said. "That's seen as applying to checkout workers at Wal-Mart."
I call bullshit. If I were working 80 hour weeks and only getting paid for 40 of them on a consistant basis, I sure as hell would want an hourly wage. Being salaried isn't THAT important to me, especially when I'm getting the short end of the deal.
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Seriously, we(those that have been gaming for over a decade) have seen this coming for a long time.
Hardcore gamers are still here, it's just that many of us have been silenced by the masses.
Don't get me wrong though, I still hate how many of the developers of the games we play are treated; I just disagree with the opinion that EA some how thought of a way to "carve" out the hardcore gamer.
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All these companies payed salary not hourly, It was my impression that all game companies hire employees as salary employees not hourly because they know if they pay them hourly when crunchtime comes around a 40 hour week is not possible.
It seems to me EA made a big mistake paying these empolyees by the hour rather than salary.
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Needless to say I just got PAAAAIIIID....
What will most likely happen is that the Labor department that is doing the investigation will make a suggestion as to how to settle the claims.
If the Employess kept time sheets (we do here) then they would have a record and the DOL would base the recommendation off that value. Its some weird hair brain number too...:)
If they don't I'm not sure how they can prove how many hours that they actually did indeed work. Unless they happen to work in a call center and have phone records...
/shrug
Good luck is all I have to say...
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Jesus Christ, is EA reading The Wal-Mart Bible or what?
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Don't forget the other people in the games industry, please. Artists/LDs/Sound/Writers are people too. =(
I haven't really been at a company where it has been a major problem. Project management is getting better and a lot of times it's OK to leave at 5-6pm each day (although I still feel guilty for some reason).
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I'm almost inclined to put together an independant game dev company that's first rule is online distibution only, fuck all the traditional channel publishers.
IF decent, good games can start being delivered to my machine online, and the devs get a higher cut of the pie then that is the way to get back at the outsourcing to china folks.
Take away their money and they'll have to change.
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Or did that guy actually warn that if dev's get their overtime pay, their gonna move production to China for cheaper labour costs?
What a prick! Screw EA and thier BS...
*GASP!* Who'd have thunk it?
(duh)
Nice to see an article that actually discusses the issue in more depth, and not just another "Hey, remember that EA spouse blog? EA is evil!" over and over again.
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urrrrrge to not buy BF2.... risssssing :(