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EA Faced With Another Employee Lawsuit

GamesIndustry.biz has the news that EA has been slapped with another employee-filed lawsuit. He's part of the engineering staff, and feels unfairly targeted by the "creative staff" laws in CA. From the article: "...in the midst of a storm of unwanted publicity about EA's employment practices, and provoked a response from the firm's vice president of human resources, Rusty Reuff, who admitted that 'as much as I don't like what's been said about our company and our industry, I recognize that at the heart of the matter is a core truth.'"

38 of 139 comments (clear)

  1. surprised? by tim256 · · Score: 2, Interesting
    I personally think overtime is an issue you should take up with your superviser. If you won't get paid for overtime, then you should be able to simply not work it. Aren't engineers usually salaried workers anyways?

    Anyways EA has 4400 employees worldwide, so I'm not suprised they have disputes every now an then.

    1. Re:surprised? by Xentor · · Score: 2, Insightful

      Sure... Go ahead. Don't work overtime. You get "downsized" to make room for someone who will...

      It sucks, but that's life.

      --
      "The amount of intelligence on this planet is a constant. The population is growing." -Cole's Axiom
    2. Re:surprised? by Anonymous Coward · · Score: 2, Interesting

      Downsizing is a layoff. When you replace somebody, that means you fired them. Firing somebody for not working unpaid overtime is illegal in most states. The way you punish workers who don't kick in extra hours is by witholding raises and bonuses. After a couple years of never getting anything more, most employees get the hint and move on. If not, just monitor their Internet use. Odds are that sooner or later they'll reveal a trade secret or surf for pr0n or something like that.

  2. If the EA suits were paying ANY attention at all.. by Moryath · · Score: 4, Insightful

    they'd have realized by now that forcing the employees to work such long hours is part of the reason that their games are all complete crap.

    Face it. After someone's been awake for more than 24 hours straight, their reaction time and mental abilities are worse off than if they had a 1.1 blood-alcohol content.

    Force your employees where their sleep debt over the course of a week is above 24 hours, and imagine what you've got.

    EA should take the hint. The gamers are getting tired of crappy games, the programmers can't program like that. Cut the crap on the programmers, let them get some decent rest, and your games will turn out better because they won't spend 90% of their time fixing all the bugs that were created because people were too fucking tired to code correctly.

  3. The Saddest Part by superpulpsicle · · Score: 2, Interesting

    The saddest part is that EA games is a publisher, not even the development powerhouse it used to be. It makes literally ONLY EA-sports games. 9 out of 10 of the other games are acquired via merger or buy outs.

    For a company that has 5000 employees and engineer only 5 sports title a year, basketball football hockey baseball nascar. All EA does is hire $400,000 salary lawyers to slap EA logos on other company's work.

    1. Re:The Saddest Part by EnronHaliburton2004 · · Score: 2, Informative

      I don't quite follow.

      EA has plenty of subsidiaries who continue to develop games.

      Maxis was aquired by EA in 1997. When Maxis develops a game, it means that EA is developing a game.

    2. Re:The Saddest Part by Alban · · Score: 5, Informative

      SSX
      Def Jam
      Need for Speed
      The sims
      Medal of Honor (for better or for worse)
      Command and Conquer
      LotR RPG
      LotR RTS
      LotR hack'n'slash (two towers + rotk)
      Goldeneye
      Harry Potter
      Nascaar racing

      to name just a few, are all sports games and are all developped internally at EA.

      As for 5 sports games a year, your count is quite inexact (btw the 'street' games are totally different from their 'serious' counterpart, both from gameplay and art perspectives - you should try them and stop talking out of your ass):

      - Madden
      - FIFA
      - NBA
      - MVP
      - Fight Night
      - Tiger Woods Golf
      - NHL
      - FIFA Street
      - NBA Street (if you haven't tried vol'3 you are missing something)
      - NFL Street

    3. Re:The Saddest Part by ChristianBaekkelund · · Score: 2, Interesting

      omg, where to even begin with all the misconceptions and outright falsities.

      1) They don't make only EA-Sports games. That's just flat out incorrect.

      2) 9 out of 10 game are not even remotely "acquired via merger or buy outs"...that's so ridiculous I don't even know what to say. Do you understand the concept of developers and publishers?

      3) They make a few more than 5 sports titles a year.

      4) As for the last sentence, I'm not even going to bother. See #3.

    4. Re:The Saddest Part by Aeron65432 · · Score: 2, Interesting

      Well to be completely fair to the other person, let's establish that several of these games are not made from the ground up. EA just has to either buy someone else's engine, or tweak an old game a bit.

      Take Medal of Honor, for example. They bought the Quake II engine and just made a single-player.

      Same with several of their sports games. They don't create a whole new game-engine, they just rehash it with new rosters, and people buy it.

  4. Employers Need to Be Smart by computertheque · · Score: 3, Insightful

    There simply needs to be a point when people will stop accepting what has been going on in this industry.

    Just because it seems that crunch sessions are always some part of a development cycle does not mean that it should be accepted. If anything, the continuous nature of it should lead to methods of prevention, such as allowing for a longer development time.

    1. Re:Employers Need to Be Smart by MalaclypseTheYounger · · Score: 2, Interesting

      Not really. Maybe for some small-time people starting up with their first game.

      But I honestly doubt anyone was so pissed off about Gran Turismo 4 being delayed until today to be released (I await the UPS man currently) that people won't still buy the damn game. They want it, they will get it, whenever it comes.

      Duke Nuken Forever will fly off the shelves, if/when it ever gets released.

      --
      Check out the best P2P sharing website: MEDIACHEST.COM
    2. Re:Employers Need to Be Smart by Phisbut · · Score: 4, Informative
      In the real world, you miss the holiday season and you are screwed.

      Year after year, the holiday season seems to comer earlier. Companies always want to get their product out before their competitor, so now, 'holiday season' begins in september.

      Quoting Gabe from Penny Arcade :

      What in the hell is wrong with the videogame industry? If they spread these games out over the course of a year I'd probably buy every one of them. As it stands now, I'll end up having to rent 90% of these.

      In the movie industry you have a few big summer blockbusters, but decent movies come out year round. Imagine if every single movie worth watching came out in July. Imagine if you had to spend five hundred dollars in one month just to see the movies you were interested in. People wouldn't stand for that. Why is it that the videogame industry is able to get away with this bullshit?

      I'm not even talking about October and November here. 99% of all the games worth playing in a given year come out in the space of three months. THAT IS F***ING RIDICULOUS!

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
  5. Employment Opportunities! by Anonymous Coward · · Score: 5, Interesting

    I work at EA and can (anonymously, at least) vouch for claims like this. After the first wave of lawsuits and the EASpouse publicity, EA immediately set out with an attempted rectification of thier employment practices by distributing an employee satisfaction survey and openly claiming about thier search for ways to reward hard working employees.
    I can't say they aren't actually trying to end this negative situation, but it's obvious from our point of view that they're attempts are fueled by the desire to quell the bad press and save face, as opposed to actually compensating overworked employees and resolving the issues.
    Obviously the company sees the issue differently than the press and public, and is trying to rectify issues for the wrong reasons. (i.e. Cure bad press, not employee hardship). I believe they will only put forth the effort enough to stop thier people from complaining publicly, before returning to the tyrancy and money-mongering.

    1. Re:Employment Opportunities! by Xlipse · · Score: 2, Insightful

      "If your job is such a hardship, go work for somebody else."

      I guess its the American way (lazy) to tuck your tail between your legs and move on to the next job, so to speak?

      Whatever happend to fighting for what's right or fighting for a cause that you believe in? Why does everyone just give-up now a days? Because you are one person versus a large corporation? Maybe I'm too inspired by all these super-hero movies that have been coming out of the years... Or just naive. lol
  6. Part of the problem by DrZombie · · Score: 5, Interesting

    One of the biggest problems in the software industry, speaking as someone who's been here for a modest amount of time (6 years, since my sophomore year of college, full-time), is that management sets unrealistic timelines. If more upstream design was done (sorry, reading Code Complete for the 2nd time) then they could develop more realistic schedules. Enough with the 90% floating requirements, enough late-schedule additions. Engineer for quality from inception, and they could come out with better games on realistic schedules with happy, healthy employees who will be a value added in the sheer amount of innovation they can bring to the table when all aspects of their lives are balanced (for some, this is an impossibility, and businesses take advantage of this neurotic behavior, which I think is unethical).

    1. Re:Part of the problem by jbolden · · Score: 3, Interesting

      There is a myth that corporate America does a good job using resources. Most companies are a waste of this nation's economic capital, and have terrible rates of return (when the earnings statements are looked at either long term or with a sceptical eye since fraud is now a major problem). In the 1960s when companies were far less concerned about getting the most out of each employee but rather built institutional structures to create productivity large business was so effective that there was a great deal of fear that small business wouldn't exist at all. And that's with employees having 2 hour lunches where they drank and an 8 hour work day. Today the structures aren't in place everyone works 60 hours a week and gets and gets nothing done.

    2. Re:Part of the problem by Psychochild · · Score: 3, Informative

      There's a further problem in the games industry in that you can't really schedule for "fun". We're still trying to understand this mysterious beast from a logical point of view. Or, to put it another way, there's no test harness for "fun factor". You can plan out the game with a high degree of detail, implement everything on schedule and under budget, but if the game isn't fun it doesn't matter. Yet, the money people hate to think that all that work went for nothing, so they usually want a game to ship by the deadline no matter what state it's in. That's why you sometimes see games that are absolutely unplayable and obviously not finished; the developers weren't able to get the game to a "fun" state before the money dried up.

      This gets worse when you have business people willing to exploit the eagerness of people developing games. I eagerly worked 60-80 hours at 3DO working on one project I enjoyed (the project I bought from 3DO after they closed it down, Meridian 59), but I hated working even 50 hour weeks on another game that only had a 6 month development cycle. Usually the managers just say, "Hey, you're making games. Suck it up and have fun!" if you complain about the hours. It doesn't help that many people have a completely misguided idea of what it's like to make games (even without the bullshit you have to tolerate at large companies); they don't realize that making games is different than playing games.

      Enough of a rant for now. Some thoughts from someone who has seen the inside of the beast.

      Have fun,

      --
      Brian "Psychochild" Green
      MMO developer's blog
  7. As much as I want to Keep Government out... by haplo21112 · · Score: 2, Interesting

    ...this is really something that is ripe for legistation to deal with esspecially because its legistation that has caused the problem in the first place. The only reason this stuff has come up is because laws exist that allow EA and other companies to deny overtime.
    I have not seen overtime where I work since the bubble burst. Before that they did give it to me and others who by law they didn't have to; however they had exemptions in out company policy (which still exist) which allowed for overtime on critical approved projects. Since the bubble burst those exemptions never get invoked. Its really to bad because pervious to the change I would regualrly work 55 hour weeks (I unfortunately couldn't collect overtime until 50 hours because of my pay status) Now I go home at 40 since on my pay scale thats the minum number of hours.

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
  8. Salaries... by Anonymous Coward · · Score: 2, Insightful

    "Aren't engineers usually salaried workers anyways?"

    yeah, so picture this scenario: You're interviewing for the job position. They want to hire you and you negotiate your salary. Let's say you're used to making $35/hr. You do the math, and figure that 40hr/wk x $35 = $1400. Boils down to about $72,800 /yr.

    You figure that based on your experience, you may deserve more than that, but the living expenses aren't as high as at your old job, and you really want in on the games industry (and besides, the company is refusing to pay more than that). OK sounds good. You take the job.

    Then reality hits. You find yourself working 60hr weeks consistently. Or 80hr weeks as some have claimed. You're now essentially being paid $17.50 an hour!! That's what a JR programmer might get. But you're not a JR programmer. You're an experienced SR.

    So, looking back: If at the interview and salary negotiation stage of this scenario, you were offered $17.50/hr with the opportunity to work 80hrs/week (so that it works out to $72,800 a yr) would you have accepted the job???

  9. You got that right... by tc · · Score: 4, Funny

    Best quote from the article:

    Their case argues that EA's engineers "do not perform work that is original or creative,"

    EA games have no orignality or creativity? Say it ain't so!

  10. $91840 salary + overtime? by JavaLord · · Score: 3, Interesting

    If you read the article, you can see that the law they are trying to dispute is only applied to programmers who make $41 an hour or more. If you add that up, it means these programmers make at least $91,840 a year.

    Now if you are a programmer, (I am) I'm sure you work some overtime during crunch time. Do you get overtime for it? I know I don't, it's expected that I work until the job is done. Do you make $91,840? I don't think too many programmers are making 91k nowadays.

    1. Re:$91840 salary + overtime? by nick_davison · · Score: 5, Insightful

      Do you make $91,840? I don't think too many programmers are making 91k nowadays.

      It's irrelevant whether they earn $5, $50 or $500 an hour. The point is that they agreed to work a roughly (accepting some deviation) 40 hour week for a given amount of money. And then the employer abused the exempt laws to force double or triple those hours out of them.

      It's entirely valid for EA to turn around and say, "OK, we're offering $20/hour with up to 40 hours overtime at time and a half each week". The problem is, they're not. They're hiring people under one belief and then abusing the system to change the terms of their contract after it's been signed.

      I'd bet no EA interview has ever gone, "OK, we'd like to put an offer on the table. $91840 a year for 80 hour weeks nine months of the year and 120 hour weeks the other three".

      Yes, the employees do have the right to just up and leave. That said, changing jobs, especially in an industry that deliberately pays advance royalties in order to keep you trapped, where job seeking can take several months, etc. means taking a hit of several, if not tens of, thousands of dollars. So, no, you can't just easily leave once you realise they've screwed you.

      I know I don't, it's expected that I work until the job is done.

      That's all well and good, when you're doing a job. When they deliberately give you the work of two people then say "oh, you're exempt, make up the extra job's worth out of hours", it stops being about getting your job done and becomes about management abusing the exempt system to avoid hiring the staff levels they need.

      A little overtime here and there, with some understanding on the odd Friday when you need to leave early is utterly different to a company that's built around the assumption that everyone will be forced to do 80 hours a week as a norm and 120 when you'd be doing 60.

    2. Re:$91840 salary + overtime? by DevolvingSpud · · Score: 2, Insightful

      > So how you treat people doesn't matter, as long as they're willing to put up with it? Abuse is OK so long as nobody complains?

      Now that I reread my post, it does sort of sound like I'm saying that. Not my intention at all.

      Instead of "the company" I should have said "a 'profit at all cost' company like EA."

      And it's bad for them to do this. It's very short-term thinking. It leads to high turnover and bad PR, both very very expensive over time.

      Look at Google for a good counterexample. I know two people who work there, and they're both raving fans. They're paying top dollar, giving out bonuses like hotcakes, and people would kill to get in that door. They work you hard (very hard!) and don't pay overtime (AFAIK), but they treat you like an employee rather than "human capital." There's probably game development shops that are like this, too.

      --
      Keep your friends close.
      Keep your enemies in a little jar on your desk.
  11. Solution by Sylver+Dragon · · Score: 2, Insightful

    We haven't yet cracked the code on how to fully minimize the crunches in the development and production process.
    - From TFA

    Maybe, just maybe, you should consider setting more realistic goals? Granted, they want to hit the market during the holiday rush, but then, add more programmers.
    It sounds like EA is just trying to exist as a programming sweat shop, keep the minimum number of programmers to do the job, and push them to work ridiculous hours to make a deadline. While I don't want to see a law to stop this, I'd at least like to see a few good lawsuits take a ton of money from EA on this. Perhaps, fine them an amount equivilent to the net profit made from all the games which suffered from this sort of behavior, and divide it up between the people who worked under these conditions.

    --
    Necessity is the mother of invention.
    Laziness is the father.
    1. Re:Solution by voisine · · Score: 2, Interesting

      I suspect EA is trying to survive. I don't know what kind of profits they're making but there is a lot of competition in the gaming space. If they set realisting deadlines and add more programmers, it could easily double their production costs. I somehow doubt they're making 50% profit margins. They're prefectly justified in reducing costs anywhere they think they can get away with it. If the programmers don't like the way things are run and think they can do a better, why doesn't a group of them get together and start a rival company. These aren't coal miners or auto workers. The infrastructure costs to get started are close to zero. If they're smart enough to be good software engineers, they're smart enough to start a software company.

    2. Re:Solution by ChristianBaekkelund · · Score: 2, Insightful

      I agreed with everything you said except:
      The infrastructure costs to get started are close to zero

      Um, huh? Computers + very expensive software + networking/bandwidth/etc. + very expensive development hardware (for consoles) + need for increasingly more people per project to remain competitive...ehh...I'm not sure about your infrastrucutre costs claim.

    3. Re:Solution by homer_ca · · Score: 2, Informative

      I'll say they're surviving. They've been profitable for at least the last three years. They made a $577M net profit last fiscal year.

  12. Re:If the EA suits were paying ANY attention at al by Golias · · Score: 2, Funny

    But when a new verson of Madden Football comes out, most gamers with jobs end up going more than 24 hours without sleep, too. Seems to me that all QA should be done by sleep-depraved zombies, to simulate real-world conditions.

    --

    Information wants to be anthropomorphized.

  13. To EA: by DoktorSeven · · Score: 2, Funny

    If you need to hire someone that won't be a crybaby when you make them work long hours for tons of money, hire me. Programming 100+ hours a week for good money is infinitely better than unemployment.

    I'll be waiting for your call.

    Thanks,
    DoktorSeven

    --
    This is a sig. Deal with it.
    1. Re:To EA: by MonkeyBunker · · Score: 2, Insightful

      Parent is a perfect example of why this problem won't go away.

  14. Rather than go through all the replying... by ChristianBaekkelund · · Score: 2, Insightful

    Rather than replying to like 10 different posts shortly enough, I'll just write what I have to write pre-emptively.. ;)

    There have been so many misconceptions flying around about all this for a few months now, that's it has gotten ridiculous. The things I wished people understood are:

    a) This is NOT a problem specific to EA. It is a problem with many -- if not MOST -- game developers (in the U.S., especially). Game studios all over are plagued with these problems that everyone's been talking about. The IGDA has had a "Quality of Life" group for a while now, trying to work on these issues. So why does EA get mentioned the most? Simple, it's for the same reason that MS gets slammed the hardest when people talk about OS issues or software engineering hours, etc. etc... -- They're the biggest. By default, the biggest will always bear the brunt of the attack. The only reason this is an issue at all is BECAUSE it's pandemic of the game industry as a WHOLE.

    2) These things aren't even true within all of EA! EA is a large company, and while there are some groups that have these problems, it's hardly all of them! That's just yet another misconception people have.

    Personally, I am bothered by these issues, but because they are big problems facing the game industry as a whole, not just one company.

  15. Re:If the EA suits were paying ANY attention at al by JFMulder · · Score: 4, Insightful

    they'd have realized by now that forcing the employees to work such long hours is part of the reason that their games are all complete crap.

    Well, sales figures say otherwise, and that's what's important to them.

  16. QA by Anonymous Coward · · Score: 5, Interesting

    The whole industry needs an overhaul, and quick.

    Since this has turned into a complain-fest, it's my turn. I know programmers have it bad, but what about the QA department? I work at a company (see below) that does not pay its QA Leads OT. This wouldn't be that big a deal if we got paid a descent salary to start with or maybe had some perks. During Crunch-time last year, I worked 25 days in a row (12-hour days, mind you) and didn't get so much as a "thank you", much less proper compensation. It got to the point that my testers where making more than me a week.

    At least at EA, they have such perks as a free employee gym, free meals if you have to work OT, employee soccer/basketball fields, etc. At THQ (supposedly the second biggest publisher), we don't even have a freaking game/break room to relax in. It boggles my mind that a company that makes 600 million dollars a year can't afford to pay OT to those who deserve it. I'm not a greedy guy, but pay us what we are owed, before you are forced to.

    Ahhh, I feel a bit better now that I got to vent.

    1. Re:QA by Torgo's+Pizza · · Score: 2, Insightful

      Ha, those perks have you fooled. Those so-called perks are just tools of management to keep you at the building working longer. Most slaves (which is what they are) at these companies use these facilities or benefits and go straight back to work.

      What ends up happening is that the company spends a minimal amount of money to make the perks available, but recoup that amount because the employees are working longer which more than pays for it. Instead of asking for perks, you should be getting either cash, better health benefits, documented time off or a good ol' 401K with matching funds.

      Tell your asshat employer to put their money where their mouth is.

  17. The first one, no... by Moryath · · Score: 2, Insightful

    the rest of them are all the kind of stuff EA does - boring, same old same old creations.

    I don't give a shit about Madden now being the only "official" NFL game, if they can come back and actually make it worth playing, maybe I'll buy the next one. If not, I'll happily go right back to playing Tecmo Bowl.

    Face it. EA does two things: rushed-out crappy mission packs/expansions, and rushed-out crappy football games that are exactly the same crappy gameplay as last year's but with the new year's roster and 10% more polygons on the fucking shoelaces.

    Even the Lord of the Rings games were rushed, and suffered accordingly.

    1. Re:The first one, no... by ChristianBaekkelund · · Score: 2, Interesting

      Ah...so complete crap includes the Medal of Honor games? The Command & Conquer games? The SSX games? The FIFA games? The Need for Speed games? The Burnout games? The Battlefield 1942 games?

      I'm having a difficult time spotting the crap amidst all these highly acclaimed titles. Perhaps you're looking at a different list than I?

      BTW, Two Towers and Return of the King were both fine games that god pretty much solidly good reviews...Could they have been better with more time? Probably (true of pretty much every game). Does that mean they were bad as they shipped? Hardly.

      Has EA made some games that I think sucked? Absolutely. Do they still? Absolutely (with any developer of that size there is BOUND to be something). But does that mean that they haven't made lots of great games? Well, if that were the case, they wouldn't still be in business, would they?

  18. Re:Not that I'm unsympathetic, but... by TiredGamer · · Score: 2, Insightful

    Programming is not an art, contrary to the desires of some. A computer is an objective machine of logic and precision. It knows only two states and everything follows from this plain, objective operation. It is hence a science of engineering, and not an art of creation to program it. Software engineers may be imaginative in their uses of code, but they are still using code to feed complex mathematical formula to a machine.

    --
    No penguins were harmed in the making of this post.
  19. Re:If the EA suits were paying ANY attention at al by DuctTape · · Score: 2, Funny
    Force your employees where their sleep debt over the course of a week is above 24 hours, and imagine what you've got.

    Um, a doctor?

    DT

    --
    Is this thing on? Hello?