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."
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.