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."

Comments

If they lose, they'll move

[SpinningAround]

The problem is of course that if the employees succeed but the judgement is enforceable only in California, all the gaming companies will simply move their operations somewhere more condusive to their business practices.

Which is not to say that the employees shouldn't be pursuing the matter but simply that attempting to change the employer's practices through a state court action might not, in the longer term, have the desired result.

A second issue is would such a judgement set good precedent that applies to the software industry in California as a whole. It would seem likely that it would have a fairly 'chilling' effect on the development industry in California if it did.

Re:If they lose, they'll move

[mutewinter]

This is going to be a big boost to non-US gaming producers. They can make great games too so I'm not complaining.

I think what this means is US gaming companies will have to be more focused and only hire the best of the best. Less games, maybe, just maybe, more quality games (after Daikatana we know name doesn't guarentee shit.)

People in the gaming industry may be forced to go freelance. Working at home might be nice, but if they thought 70 hour work weeks were bad now they'll need to work 100 hours a week just to compete.

We've seen several gaming companies go belly-up in this past year. EA is one of the few computer gaming companies that actually seems healthy. Lawsuits raise costs for everyone. If EA hits some unlucky bumps in the road things could get ugly. Maybe in 10 years only Koreans will be making PC games. Lets just hope the end result of this lawsuit is better for all of us.

Game Industry Work Conditions

[putko]

I worked for a company founded by some EA guys, and also for another electronic entertainment company (run by non-EA people); I know something about this industry.

When I got hired, they were always upfront about the killer hours. I agreed to them because I wanted the work. I didn't do it for money: I wanted to do the job.

I worked 2 weeks straight (didn't go home) at one place; this was OK with me. I worked 3 weeks straight at another place. All voluntary.

The company was amazing to me because of the tolerance of all kinds of oddities -- as long as we were on schedule. This was in contrast to other environments that were less productivity oriented, where dress and hours were regulated. This matters: in one environment, you don't have nerf fights and your pay and hours are constant, regardless of productivity. In another, you have fun, but you take the schedule risk.

If I was a manager and people started talking "comp time" and "exempt", I'd point out: no dress code, no fixed hours -- just deliver the results when you said you would -- or quit, please, so that the rest of us can get on with the project.

Really, if you want comp time and overtime, you'd better get a job at the Post Office or in a Detroit-area auto manufacturer. Working in games? Negotiate your pay as if you'll be working 12 hours, seven days a week when you are behind schedule.

Personally, if there is going to be a lawsuit, why not one over the mental suffering caused when the publisher kills your title, and you see that a year or more of your work is worthless? That's got to be one of the most devastating work experiences I've ever had -- not the long hours.