Programmers Win EA Overtime Settlement, EA_Spouse Revealed

mzkhadir

Diamond Member
Mar 6, 2003
9,509
1
76
Gamasutra

Software engineers have won a $14.9 million settlement from Electronic Arts, in a settlement of a California class-action lawsuit over unpaid overtime, following a similar $15.6 million settlement reached in October with graphic artists.

According to the new settlement, some of the entry level programmers will be reclassified as hourly workers, making them eligible for overtime pay. In return, they will be allowed a one time grant of restricted company stock, but will no longer receive stock options or bonuses.

The $14.9 settlement money will go to programmers at various levels who worked at Electronic Arts between February 14th, 2001 and February 14th, 2006. The settlement is expected to be a catalyst for changes, not only in other video games publishers and developers, but in other software companies outside of the games industry.

EA also announced that any unclaimed portion of the settlement will be go to the Ronald McDonald House Charities and to establish scholarships at five selected universities for female and under-represented minority students interested in studying interactive entertainment. The five universities are Carnegie Mellon University, Cornell University, Georgia Tech, Stanford University, and Morehouse/Spelman College.

In the wake of the first settlement last year Electronic Arts, reclassified around 440 employees, including 200 entry level artists, so that they could claim overtime. Major deadlines were also move to Fridays instead of Mondays in order to encourage a normal five day working week.

Following this major announcement, Silicon Valley newspaper the San Jose Mercury News has published an article revealing the identity of the much-discussed EA_Spouse to be Erin Hoffman, the then-fiancee of Electronic Arts programmer Leander Hasty, one of the specifically named plaintiffs in the employment-related lawsuits against EA. He filed the suit after experiencing extreme 'crunch time' developing Lord of the Rings: The Battle for Middle-Earth at Electronic Arts Los Angeles.

The two are now married, and work together in Troy, New York as designer and programmer respectively at independent developer 1st Playable Productions, and are working on website Gamewatch.org to help discuss and monitor problems with working conditions in the game industry.
 

RagingBITCH

Lifer
Sep 27, 2003
17,618
2
76
Is she hot or something?

And in terms of salary vs overtime - if it's in your contract, quit your bitching. You know what you could be getting yourself into by making yourself a salary person. Don't like it? Quit. As an IT contractor I had weeks of 100+ hours (almost an hour drive each way to get there) not to mention I was taking my grad (MBA) classes at night.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
What were they doing wrong and why did they HAVE to reclassify the employees? Were they not properly classified to begin with according to the law?
 

sygyzy

Lifer
Oct 21, 2000
14,001
4
76
I can't believe you guys don't know what is going on with EA, one of the most evil companies in the industry. Have you guys been living under a rock? Please run a google search.

 

ryan256

Platinum Member
Jul 22, 2005
2,514
0
71
Originally posted by: mugs
What were they doing wrong and why did they HAVE to reclassify the employees? Were they not properly classified to begin with according to the law?

According to what I've read about EA so far they made everyone a salaried employee and then worked them 100+ hours a week non-stop in order to meet their "crunch time" deadlines.
Read this.
 

RagingBITCH

Lifer
Sep 27, 2003
17,618
2
76
Originally posted by: sygyzy
I can't believe you guys don't know what is going on with EA, one of the most evil companies in the industry. Have you guys been living under a rock? Please run a google search.

I know perfectly well about the story behind EA. If they're classified and hired on as a salary worker, then you can expect to work longer hours. If you don't like it, QUIT. It still doesn't explain the grounds on which they were forced to give backpay on the OT settlement and what laws were broken.
 

crystal

Platinum Member
Nov 5, 1999
2,424
0
76
Originally posted by: RagingBITCH
Is she hot or something?

And in terms of salary vs overtime - if it's in your contract, quit your bitching. You know what you could be getting yourself into by making yourself a salary person. Don't like it? Quit. As an IT contractor I had weeks of 100+ hours (almost an hour drive each way to get there) not to mention I was taking my grad (MBA) classes at night.

As a contractor you got paid for all those hours too. Too bad huh.
 

RagingBITCH

Lifer
Sep 27, 2003
17,618
2
76
Originally posted by: crystal
Originally posted by: RagingBITCH
Is she hot or something?

And in terms of salary vs overtime - if it's in your contract, quit your bitching. You know what you could be getting yourself into by making yourself a salary person. Don't like it? Quit. As an IT contractor I had weeks of 100+ hours (almost an hour drive each way to get there) not to mention I was taking my grad (MBA) classes at night.

As a contractor you got paid for all those hours too. Too bad huh.

I was a salaried contractor. What part of this whole salary vs hourly debacle are people not understanding?
 

TerryMathews

Lifer
Oct 9, 1999
11,464
2
0
Part of the problem was that EA was using overly liberal definitions of what constituted a "software developer", one of the exempt OT jobs. Under their classifications, artists and modellers that worked on games were also considered to be developers.
 

Molondo

Platinum Member
Sep 6, 2005
2,529
1
0
I wonder what would EAs reaction be if everyone in the the departmant took a Sick day. In which they are entitled to with pay :)
 

sygyzy

Lifer
Oct 21, 2000
14,001
4
76
Originally posted by: TerryMathews
Part of the problem was that EA was using overly liberal definitions of what constituted a "software developer", one of the exempt OT jobs. Under their classifications, artists and modellers that worked on games were also considered to be developers.

Exactly. Originally the concept of salaried was created for mostly management class people. The idea is that VP's of companies often have to put in long hours and they would be getting paid too much money if they were hourly. They also made it for the film industry where some shoots take long to finish due to weather and other conditions.

EA took this and twisted it to make everyone salaried. They claimed people who worked in film are working in media and create a form of entertainment ... just like their artists and modelers.

It goes on and on.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: ryan256
Originally posted by: mugs
What were they doing wrong and why did they HAVE to reclassify the employees? Were they not properly classified to begin with according to the law?

According to what I've read about EA so far they made everyone a salaried employee and then worked them 100+ hours a week non-stop in order to meet their "crunch time" deadlines.
Read this.

I'm aware of that, but how is that illegal?
 

TerryMathews

Lifer
Oct 9, 1999
11,464
2
0
Originally posted by: mugs
Originally posted by: ryan256
Originally posted by: mugs
What were they doing wrong and why did they HAVE to reclassify the employees? Were they not properly classified to begin with according to the law?

According to what I've read about EA so far they made everyone a salaried employee and then worked them 100+ hours a week non-stop in order to meet their "crunch time" deadlines.
Read this.

I'm aware of that, but how is that illegal?

They fudged their job defintions so that people who would be normally non-exempt were actually exempt. Modellers, animators, artists, etc.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: TerryMathews
Originally posted by: mugs
Originally posted by: ryan256
Originally posted by: mugs
What were they doing wrong and why did they HAVE to reclassify the employees? Were they not properly classified to begin with according to the law?

According to what I've read about EA so far they made everyone a salaried employee and then worked them 100+ hours a week non-stop in order to meet their "crunch time" deadlines.
Read this.

I'm aware of that, but how is that illegal?

They fudged their job defintions so that people who would be normally non-exempt were actually exempt. Modellers, animators, artists, etc.

Why do those positions have to be non-exempt? I think most employees at most companies are salaried, regardless of position.
 

JDrake

Banned
Dec 27, 2005
10,246
0
0
if you sue your company are they allowed to fire you

cause i dunno if bringing my company to court would be worth losing my job
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Originally posted by: RagingBITCH
Originally posted by: crystal
Originally posted by: RagingBITCH
Is she hot or something?

And in terms of salary vs overtime - if it's in your contract, quit your bitching. You know what you could be getting yourself into by making yourself a salary person. Don't like it? Quit. As an IT contractor I had weeks of 100+ hours (almost an hour drive each way to get there) not to mention I was taking my grad (MBA) classes at night.

As a contractor you got paid for all those hours too. Too bad huh.

I was a salaried contractor. What part of this whole salary vs hourly debacle are people not understanding?

RB, it's pointless, until the government controls everything, some people won't be happy.
 

TerryMathews

Lifer
Oct 9, 1999
11,464
2
0
Originally posted by: mugs
Originally posted by: TerryMathews
Originally posted by: mugs
Originally posted by: ryan256
Originally posted by: mugs
What were they doing wrong and why did they HAVE to reclassify the employees? Were they not properly classified to begin with according to the law?

According to what I've read about EA so far they made everyone a salaried employee and then worked them 100+ hours a week non-stop in order to meet their "crunch time" deadlines.
Read this.

I'm aware of that, but how is that illegal?

They fudged their job defintions so that people who would be normally non-exempt were actually exempt. Modellers, animators, artists, etc.

Why do those positions have to be non-exempt? I think most employees at most companies are salaried, regardless of position.

Salaried != OT exempt. Look it up on a labor poster at your place of employment.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: TerryMathews
Originally posted by: mugs
Originally posted by: TerryMathews
Originally posted by: mugs
Originally posted by: ryan256
Originally posted by: mugs
What were they doing wrong and why did they HAVE to reclassify the employees? Were they not properly classified to begin with according to the law?

According to what I've read about EA so far they made everyone a salaried employee and then worked them 100+ hours a week non-stop in order to meet their "crunch time" deadlines.
Read this.

I'm aware of that, but how is that illegal?

They fudged their job defintions so that people who would be normally non-exempt were actually exempt. Modellers, animators, artists, etc.

Why do those positions have to be non-exempt? I think most employees at most companies are salaried, regardless of position.

Salaried != OT exempt. Look it up on a labor poster at your place of employment.

Yes I know. Most salaried employees at most companies do not get overtime. These people accepted a job knowing they wouldn't be paid overtime. I don't understand why EA did that should be illegal. They're not a great employer, sure. But people are capable of getting another job.
 

TerryMathews

Lifer
Oct 9, 1999
11,464
2
0
Originally posted by: mugs
Originally posted by: TerryMathews
Originally posted by: mugs
Originally posted by: TerryMathews
Originally posted by: mugs
Originally posted by: ryan256
Originally posted by: mugs
What were they doing wrong and why did they HAVE to reclassify the employees? Were they not properly classified to begin with according to the law?

According to what I've read about EA so far they made everyone a salaried employee and then worked them 100+ hours a week non-stop in order to meet their "crunch time" deadlines.
Read this.

I'm aware of that, but how is that illegal?

They fudged their job defintions so that people who would be normally non-exempt were actually exempt. Modellers, animators, artists, etc.

Why do those positions have to be non-exempt? I think most employees at most companies are salaried, regardless of position.

Salaried != OT exempt. Look it up on a labor poster at your place of employment.

Yes I know. Most salaried employees at most companies do not get overtime. These people accepted a job knowing they wouldn't be paid overtime. I don't understand why EA did that should be illegal. They're not a great employer, sure. But people are capable of getting another job.

I don't know what you want me to say... EA intentionally classified certain employees under the wrong job so that they wouldn't have to pay them the overtime that they were entitled to under federal law. Why should they have to get another job?

And 'most salaried employees at most companies' are usually managers and IT staff. I don't really know of a whole ton of companies that keep artists and modellers on staff.