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Interview with EA Attorney

An anonymous reader writes "Kotaku has an outline of a discussion with one of the attorneys handling the EA case. It has some interesting details, including the fact that if the judgment is in favor of the employees it will likely force the entire game industry, at least in California, to start paying OT and Comp. "Depending on the nature of a positive judgment, other employers with similar job descriptions would most likely be required to start paying their employees by the hour and paying overtime" The article also hints that other game industry cases might be forthcoming."

10 of 73 comments (clear)

  1. Poor EA by dshaw858 · · Score: 2, Insightful

    I have to admit, I feel kind of sorry for EA. As I've said before, EA seems to sort of be the scapegoat for all of the world's corporate woes. Sadly, I don't think that this will spur change from the whole industry, but rather imrpove life at EA (as is the point). Unfortunately, I don't think that this type of action will have the same effect at another company for two reasons: first off, they won't have as much press, and secondly it won't be such a novel idea anymore.

    My support still stays with the employees of EA and the other companies that treat their employees like this.

    - dshaw

    1. Re:Poor EA by cluke · · Score: 2, Insightful

      One step at a time, my friend. Target the worst abusers first.

  2. Fine With Me by MBCook · · Score: 5, Insightful
    I don't see a problem with this. If you force your programmers to work up to 12+ hours a day 7 days a week and won't give them any ovetime or compensation, you're exploiting them (unless you specifically told them that would be their hours). No one should be expected to have to work those kind of hours when they only signed up for "normal" days with "occasional" overtime.

    I assume that EA will complain about having to do that to compete or something like that ("We can't higher more because it's too expensive!"), but that doesn't bother me either. Sure programmers in SanFran or the Valley or LA are expesive, but a big part of that is because they have to be able to afford those exorbitantly expensive homes there. If they would create a division outside of Madison, WI or Wichita, KS or some other nice city with more reasonable housing prices they wouldn't have to pay programmers so much. "In-source" to rural America (I saw an article about it the other day). When a small house costs 100-200k and not 1-2m, you don't have to pay your programmers nearly as much for the same standard of living. In fact, you can pay them less, and they can still have a BETTER standard of living. And it's not like a programming team can't be located anywhere. Surf instructors may not be able to do their job in Kansas (relative to CA), but a programmer's location doesn't matter that much.

    It's one thing if EA specifically told employees the kind of hours they'd be working, but it sounds like they didn't, which is basically exploitation to me. Sorry, they sound guilty and this sounds like a good thing.

    Of course, I'm not a big fan of EA in the first place. Just FYI.

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    1. Re:Fine With Me by blincoln · · Score: 4, Insightful

      I mean, I know that myself, as well as like minded people would probably be willing to work insane hours at minimum wage if it meant that we got to create some worthy games.

      It's easy to think that until you have to actually do it day in and out for several years.

      I *love* computers. I'm 26, so when I was a kid not everyone had one, but my dad thought ahead and got us an Apple IIe, and I've been hooked ever since.

      I've been working in IT for the last six years. At one of my positions I ended up working an 80 hour week after a couple of 60-70 hour weeks. After that I had to take a week off (on the company's dime), because I was about ready to quit and never work in the industry again.

      I cannot imagine what it's like for people who do it on a regular basis. People need time to do other things. I don't care how much money I'm making if I don't have time to take ninjutsu classes, play paintball or videogames, go to clubs, or whatever. It's just not worth it, and it *will* burn people out sooner or later no matter how much they love what they're working on.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    2. Re:Fine With Me by DrSkwid · · Score: 2, Insightful

      work up to 12+ hours a day 7 days a week ...
      unless you specifically told them that would be their hours

      Here in Europe, you could sue them the moment you signed the contract, got to love the maximum work hours laws :)

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  3. Re:If they lose, they'll move by cliffiecee · · Score: 3, Insightful

    I wonder how much of the appeal of an EA job is related to its location... Would an "equal-pay" job (relative to local economy) in, say, Nebraska, Kansas, etc. be as attractive?

  4. Re:Outsourcing? by space_jake · · Score: 1, Insightful

    Yeah I think game programmers are pretty safe from outsourcing. Moving to India and still programming games like Madden 2005 or Need for Speed would just be kind of weird if the people that designed and programmed it didn't really understand what the whole thing was about. But Maybe I'm just naive. Honestly I read this post (The spouse speaking out against EA) on Thursday and hoping to get into the gaming industry someday it really made me think twice, perhaps this might make a little difference.

  5. That's why... by H0NGK0NGPH00EY · · Score: 2, Insightful

    Which is exactly why EA will do everything in their power to end the case with an out of court settlement. Note to those suing EA: Please, don't settle! Take it all the way.

    --
    Do not read this sig.
  6. EA was screwing those folks. by Banner · · Score: 5, Insightful

    Amateurs give their work away. Professionals get paid for it. If you're working overtime, especially lots of it, and you're not getting paid or comped for it, you're not a professional, you're an amateur.

    Look at your bosses, the board, the executives, are they working for free? No, of course not, if they're working more than 40 a week, you can be sure they are getting compensated. I've been in the industry for over 2 decades now and I have learned that if you're not getting paid for your overtime, you are going to get F***'d bigtime. If they are promising you comp time, but don't put it in writing, you'll never see it. Same with ANY promises of ANY kind of payoff later on, unless it's in writing (and even then count your fingers after shaking hands) you won't see it.

    In short, people who regularly make you work over 40 and don't pay you for it are SCUM. They're ripping you off, and they know it. I've worked on some of the most 'gee-whiz' crap ever to come out of DOD or private industry. They never asked us to work 'killer hours' without paying us. Why? Cause people who work 'killer hours' are less productive than those who work only 40. And after two plus decades in high tech, I can say that's definitely true.

  7. Re:If they lose, they'll move by crazyphilman · · Score: 3, Insightful

    And, since a gaming company has to attract top talent, are they going to be able to convince people to move to Nebraska instead of California? To work seven days a week and almost never see the outside of their sweatshop?

    I'm betting that'd be a "NO".

    --
    Farewell! It's been a fine buncha years!