2004-11-12 01:38 am (UTC)
EA Class Action Lawsuit Already In the Works...
> On July 29, 2004, a class action lawsuit was filed against
>Electronic Arts Inc. ("EA"). This communication responds to earlier
>email communications from EA management regarding the litigation. The
>lawsuit alleges that EA improperly classified some of its employees,
>including "animators," "modelers," "texture artists," "lighters,"
>"background effects artists" and "environmental artists" as exempt from
>overtime, and therefore failed to pay those employees overtime
>compensation. Plaintiff's action seeks statutory penalties, damages,
>restitution, and injunctive relief. EA denies plaintiff's claim. It
>is EA's position that it treats its employees fairly and lawfully, and
>that it has properly classified its employees within the meaning of the
> The plaintiff is seeking to bring this lawsuit on behalf of
>himself and to represent a proposed class of current and former EA
>employees as a class action. A class action is a lawsuit in which one
>or more individuals seek to represent a large number of people with
>similar legal claims (the class). One or more members of the class can
>serve as representative plaintiffs, acting on behalf of all members of
>the Class. Class actions are often used when a large number of people
>have comparable claims, and each individual claim is not sufficiently
>large to pursue separately in an economical manner. In a class action
>case, the plaintiff must show the Court that having the case proceed as
>a class action is appropriate. The Court has not yet certified this
>case as a class action.
> If the case is certified, members of the class will be notified
>as directed by the Court, and may be given the opportunity to be
>excluded from the class ("opting out"), or to hire their own lawyers to
>represent them. Generally, if a class member fails to opt out, the
>result of the case will be binding upon him or her. Any settlement or
>other resolution of a class action must be approved by the Court, and
>any award of attorney fees must also be approved by the Court. Class
>members will receive notice before any settlement or fees are approved,
>and will be given the opportunity to provide comment to the Court as to
>any proposed settlement.
> EA will not retaliate against employees for exercising legal
>rights, including by participating in the proposed class action.
> If you have any questions about the litigation, you may contact
> Plaintiff's Attorneys:
> Robert C. Schubert
> Miranda Kolbe
> Schubert & Reed LLP
> Two Embarcadero Center, Suite 1660
> San Francisco, CA 94111
> (415) 788-4220
> Thomas V. Urmy
> Todd Heyman
> Shapiro Haber & Urmy LLP
> Exchange Place
> 53 State Street, 37th Floor
> Boston, MA 02109
> Telephone: (800) 287-8119
> EA's Attorneys:
> Jessica Perry
> Orrick, Herrington & Sutcliffe LLP
> 1020 Marsh Road
> Menlo Park, CA 94025
> Telephone: (650) 614-7350
> Jacob Schatz
> Electronic Arts Inc.
> 209 Redwood Shores Parkway 207/5
> Redwood City, CA 94065
> Telephone: (650) 628-7241
> Please do not contact the Court.
2004-11-12 02:34 am (UTC)
Re: EA Class Action Lawsuit Already In the Works...
Thank you! I had heard about these emails but I hadn't seen one.
2004-11-12 01:44 am (UTC)
This studio is Tiburon in Maitland/Orlando/wherever Florida. They do Madden NFL, NCAA, and NASCAR -- sort of anyway, as much of it is outsourced to other companies (NASCAR) or done by other EA studios. The only reason they don't shut the whole thing down and do it at EAC is because they can't get anyone other than southern-US Floridiots who actually like to program and test football and NASCAR -- almost exclusive American sports.
I worked there too, I hated it, my girl friend hated it, and I quit. I would advise any person not to work for EA at that studio under any condition. Don't do it. It's a big move to Florida and it will be hard to leave once you get there. Don't do it. I know you don't live in Florida because NOBODY with talent lives in Florida (unless maybe you are a fat government contractor). They just get suckered into moving there. Actually, I didn't know anyone in any of the EA studios, short of some guys over in Pogo, who actually seemed to enjoy their job.
I wouldn't get specific with the studio, but it's important. Nobody in Orlando really wants to be there. It's a big misery-go-round. There are no other jobs in the gaming industry in the area, unless you want to be an "instructor" at Full Sail maybe (an equal har-har worthy pain-trap so say the kids). Many of the people there service the tourism industry and the supporting service industry, and because they fake being nice all day, it causes them to hate the rest of their miserable lives and spread that misery to anyone and everyone they meet.
The things said by ea_spouse I support as fact. The hours are 80+ a week for many weeks, the pay is very poor compared to similar jobs in other industries, and people go home angry and pass it on to the people they live with.
Notice how most people are too scared to ID themselves and won't even talk about the specific studio. It's because they REALLY ARE SCARED. They would be fired right away. For those who don't work there anymore, they know about the law suits, or they are doing their best to leave a painful part of their lives behind them. ea_spouse, DO NOT allow anyone to figure out who you are. They WILL FIRE AND SUE your significant other if they can. You have good reason to be scared.
The people who I worked with were just as burned out and victims as I was, even if their daily demeanor was venomous. I can't blame them, or at least most of them. The managers are just those who have been there long enough that their eyes have glazed over and they don't care about themselves any more.
These days I am out of the gaming industry. I might do a start up some day if I had confidence in the project, but that's going to be after a few years when I have built my savings up again and can afford it.
If you are under 25 and thinking of going into the gaming industry, you are an idiot -- please stop. Go get a job at McDonalds or Papa Johns or something.
I hope that Tiburon gets closed down some day and all employees laid off. I really do. It would be so much better for all of them who won't quit, and it would end the cycle of misery and pain. They WOULD find other jobs, and almost ANY other job would be better than a job working for EA Tiburon.
Stop, please stop the pain. Quit today. Go home. You know this isn't it. Go home.
My name is Josh Pastreich. I am a union organizer and I am helping with the class action lawsuit against EA for overtime violations. The case was filed in CA but I am curious as to the exact conditions in Florida and if a similar suit shouldn't be brought there. Judging from your posting it is just as bad. Why don't we talk? firstname.lastname@example.org
2004-11-12 01:48 am (UTC)
Wow, talk about a narrow scope of reality. I'd love for you to sit down with the mothers, fathers, wives, and husbands of our service members in the middle east and push this sob story on them. You're husband works 85 hours a week? Put him in gunfire and 168 hour work weeks, thousands of miles away, and see if you're still kvetching about "crunch time."
2004-11-12 01:51 am (UTC)
So because things suck for someone else, we therefore shouldn't complain about conditions in our own industry? Talk about a narrow scope of reality -- "Things suck worse for others, so you should shut up."
Things don't change for anybody unless people speak up.
2004-11-12 01:48 am (UTC)
And I thought I had it bad
I'm so glad that you wrote this and that it's getting so much attention. I work for a large game company that doesn't set mandatory hours like you described, but expects us to work until the job is complete, regardless of how many late nights and weekends that necessitates. Like someone described in a previous post, I've driven home many nights with the windows down and the music blaring to help me stay awake. One night- or early morning I should say- I actually had a minor accident. The response I got at work was, "oh, we've all driven home when we're tired." I've given my husband instructions to sue their ass if I fall asleep at the wheel and kill myself driving home after one of those 16+ hour days.
I love my job, but I've been seriously considering leaving the industry. When I first started I didn't mind working crazy hours. But it's taking its toll, and I find myself increasingly discouraged as time goes on. The job is definitely not compatible with having a family. I remember working one day from 9 in the morning, trying to leave around 2 the next morning, and being told that I couldn't leave yet. When I finally got home at 6 in the morning, I had just enough time to get on my pajamas before my year-old son woke up for the day. I still can't believe that I survived those days.
I applaud you for bringing attention to this problem and hope, for all our sake's, that something good comes from it.
2004-12-20 11:16 pm (UTC)
Re: And I thought I had it bad
If by "something good," you mean a contract that guarantees overtime pay and allows workers to negotiate working conditions, give me a call. I am a union organizer and I am trying to make this industry livable.
IATSE Local 16
2004-11-12 01:58 am (UTC)
There is such things as life choices
I'm an EA wife aswell, originally from the Uk and living in Canada. While what you say is true, it annoys me intensely. You and your husband both have choices and he choses to work at EA and you chose to stay with him.
There are plenty of people in this world who work equally as long hours for much worse pay and have no choice about it, their sole goal is the survival of themselves and their families.
The reality is there are hundreds if not thousands of people who want to work at EA and I am sure that your spouse is employable elsewhere should he chose to move.
Thank yourself lucky that you have choices in life and if your husband's job which he can easily change is the worst of your troubles you've done well girl. If its that bad leave. I agree with the EA bosses, you have other options.
2004-11-12 02:07 am (UTC)
Re: There is such things as life choices
Did you even read the original post? They're planning on leaving EA, so that's a moot point.
Just because something is standard and other people have to put up with it, does not make it RIGHT. Nothing will change unless some light is shed on the problem, and that's what this post is about.
Maybe now all the Westwood employees EA outright fired won't feel so bad, as their EA-absorbed brethren are likely faring worse than they ever expected.
To anybody who has never been satisfied with any of the other answers to "Why do you hate EA?", this should explain things from a more human perspective.
2004-11-12 02:29 am (UTC)
I worked at EA-Tiburon as well. All the stories here are true. It is a demoralizing nightmare. The work is also pretty lame too, a lot of db programming and scripting, not what a lot of people might think of as 'game programming'. Anyway, it took me 6 months to reach my wits end, and another 3 to find another job. I now do graphics programming outside the games industry. It's more challenging, I make over 30% more money and I'm home by 6:30 every night. Yes, you can sue EA, or strike, or whatever, but they have evil lawyers and will fight back hard. Put your efforts into finding a better life for your family. In the end its all the talent leaving that will kill EA.
2004-11-12 02:34 am (UTC)
Abuse at EA
A union for software engineers is long past due. My SO is a software engineer also. His company has had annual layoffs for about 5 or 6 years. Every year their benefits are lessoned or restricted. Complaints are met with references to outsourcing overseas. I strongly feel this is largely a bluff. I also feel that too many software engineers are working in what can only accurately be described as sweatshop conditions. A 90 hour work week? C'mon, it's time to call the other programmers and shut down production at once, simultaneously.
It's also time for Americans to realize that how people are treated by American corporations in other countries does come back to haunt us. Individual and ordinary citizens are going to have to take on the job of policing international corporations.
Step 2, after forming a union, should be to push for a minimum wage equation that all businesses with no less than 50% of it's ownership held by individuals with U.S. citizenship must abide by or risk loss of right to conduct business in the U.S., fines of as much as 15% of the previous years gross product and incarceration of top management.
The minimum wage equation for U.S. businesses would be based on our own minimum wage. At the start of each fiscal year, the host countries GNP for the previous year would be obtained from an independent non-govermental organization. If this countries GNP is 10% of the United States GNP then the minimum wage that could be paid to workers the current fiscal year would be 10% of the U.S. minimum wage.
Such a plan would eliminate the virtual slavery that some people endure working to supply large U.S. companies. Yet, by creating a relationship between existing GNP and the wage we reduce the likelihood that dangerous inflationary conditions would be created in the host country. At the same time exporting jobs to other countries is made somewhat more expensive. Couple the new minimum wage equation with the utter destruction of tax incentives for exporting jobs and suddenly the bottom line for moving versus keeping jobs domestic will look very different. Businesses would retain the right to move the jobs if they still preferred to do so. However, the jobs would now be more likely to pay a living wage. An increased ability to earn a living wage in ones' home country would reduce immigration pressure on the U.S.. I believe this would be especially true of jobs moved to Mexico.
A minimum wage equation would not seem to have bearing on the higher paid jobs in software engineering, but it's effect would be felt when highly educated software engineers in India, Vietnam, and Eastern Europe begin to refuse to work for less than they could earn (with the advent of the minimum wage equation) in a factory churning out Disney memorabilia.
Americans have to start looking at the big, the global picture and look for ways to pull together as Americans and as global citizens. Come to think of it, an international Software engineers union might not be too shabby of an idea although it would likely be banned in communist countries and difficult to sell in impoverished ones. Even if an agreement could not be reached on actual wage perhaps there could be an international standard for the work week.
2004-11-12 02:46 am (UTC)
I too have gone through this
My first game almost cost me my relationship. Moving deadlines and perpetual crunch almost broke up a 12 year marriage. This industry is starting to smell rotten.
2004-11-14 04:16 am (UTC)
Starting to smell rotten?
I agree entirely with your comment with exception to the word "starting." According to the posts, and I've read all but the idiotic ones, this has been going on for a long, long time and this EA Spouse is the first person who has been willing to stand up, be heard and concretely do something about it. Ain't she great!!! Would she be willing to run for President, perhaps?
2004-11-12 03:00 am (UTC)
just a thought
i understand your complaints about the time away from family caused by your SO. you see, i am in the military. i work when i have to and possibly for less than what you make. yes, there is a big difference between consumer goods and national security. other than the obvious, i still end up working almost every day for 6 months while i am on a cruise. that does not take in to count the time spent in preparation for that cruise pertaining such things as training, regular work days, or ensuring that the ship is ready for said mission. i am on call 24/7. no excuses allowed. if i am late, there is a chance that i will lose pay and time from my family. i signed on for this, read my contract and signed the bottom line. i have been in the service of my country for almost 8 years. i have spent roughly 4 of those away from my family and friends. it is not for everyone. time apart will test even the most stable home.
sincerely, a member of the us navy
Hey there, I've worked in a number of different industries in both Missouri and Kansas as a manager. Since I did, I had to really acquaint myself with the Wage and Hour laws in each state. I'm no longer working in those industries and I'm in school now, but from what I recall, California is pretty liberal in it's labor law practices. My advice is to contact your state's wage and hour commission and file a complaint and request an investigation. Your spouse should convince as many fellow employees as he/she is comfortable with to do so as well. I will say that from my experiences, the more complaints they receive the more seriously they will investigate.
The following link is a place to start. I've only briefly scanned what is there, but I'd advise that you make sure that you educate yourself and your spouse one what the California labor statuates are so that if you're forced to you can fight back from a position of educated strength.http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
2004-11-12 03:30 am (UTC)
Wow, the comparison of the army to EA is so interesting... They both recruit doe-eyed young people in somewhat manipulative ways, projecting a glossy image of what life will be like after you sign up.
In both cases, self-sacrifice for what you believe in is one the most admirable of human traits. That's why we have to take a stand when we believe that people in power are taking self-sacrifice for granted.
Anyways, maybe if less people had these glamourous ideals of life in the entertainment industry, people working within it wouldn't have to fear being replaced by some young chump just for speaking up about making a better work environment. Anyways, I've done enough complaining about EA in the last year to realize I will never make a career of it unless something changes... until then I suggest everyone reap any benefits you can, and get out.
2004-11-12 03:40 am (UTC)
not just a game
its not just games corporations, not just the usa either. even here in australia developers are increasingly being treated as blue collar trolls under the threat of perform as ordered or be outsourced. theres a very real need to collectivise the sector internationally as our jobs and workplaces are very interdependant these days. as the corporations globalise and shift the jobs to the cheapest providers, so too should IT workers collectivise internationally to meet the challenges. this is turning into sweatshop labour conditions very rapidly. i am coming from a perspective of 20 years in the industry, a very long view of how things are developing, i dont say it lightly. but the issues now are almost the same as the time of the first technological revolution more than 100 years ago (radio, electromechanical music devices, etc) - the willingness and ability of bosses to bully denigrate and basically rip off their labour is also unchanged. i cant see many other options but collective strength. i wont go into my own workplace, but there are strong echoes of the EA experience here too. (its a dangerous time to have an opinion, even more dangerous to publish a contrary one.....) Put up or shut up and leave expresses the most common attitude across the board. problem is eventually one runs out of places to leave -to- and when one is past 40, trying to find new work in IT is becoming very difficult, especially with fresh graduates every year who are prepared to put up with shocking wages and conditions for the sake of a job. i had to halve my contracting rates a few years ago just to feed my kids - no price on pride or professionalism when you need to put bread on the table.
but its a savage indictment that a once well regarded well paid job has declined to the lowest rungs of the industry. yet without developers, no software gets made, anywhere. i'm tired of hearing but its good for the economy - if its BAD FOR HUMANS then there should be no doubt that the economic rationales are a distraction and a denigration of the true social cost.
managers take note: we're mad as hell and we aint gonna take it much longer.
2004-11-12 03:41 am (UTC)
game developers are pussys
The answer: Stop going to work more than 8 hours a day. It's as easy as that. You come to work at 9, then leave at 5. You don't come in on weekends at all.
The law is on your side. And EA kows that, they know that the law contains provisions which protect an employee from being fired for refusing to work unpaid overtime. Yet they all still refuse to act! Why?
Because game developers are pussys!
Seriously, just stand up already!
2004-11-12 04:13 am (UTC)
Re: game developers are pussys
It's easy to make statements like that without knowing all the facts.
Refuse to work overtime, and they fire you. It's as simple as that.
2004-11-12 03:49 am (UTC)
Why don't you come down here and tell us all to stop
Are you willing to come in lead this revolution? I'd like to see you try and convince our managers that we all get to leave at 5pm. I've been at EA for nearly 4 years and have worked overtime for every single one of those days.
Come on down, Let's see what happens!
2004-11-12 03:59 am (UTC)
Re: Why don't you come down here and tell us all to stop
Why don't YOU tell them to stop. Or just stop yourself.
The point you seem to be missing is that you don't need to convince your managers. If the law is on your side, that means they need to either pay you for your work, or you don't work more than they're paying you for... Stop and think for a minute, if they are asking you to work without pay, that's simply unreasonable and illegal, and they aren't going to win in court.
Your problem is that you think there's something to discuss. There isn't. You just refuse to work more than they pay you to. If they then fire you, you'll end in much better financial shape than you are at EA.
What a pussy. Grow some balls, EA sure as hell isn't going to give you any. Read http://www.t-nation.com and start being a man. They like you nice and mild and feminized and afraid. An office full of pansies is good for their bottom line. It sounds like I've been wrong all along about the lack of women in game development- I just wasn't paying enough attention to the "men".