W
Wraith
Guest
i just got the november edition of computer gaming world, here's an article from it.
all comments in red are from me, all the typos and stuff are mine as well as i hand-typed this from the magazine. do you guys think the vivendi will be afraid of losing millions of dollars on this? if so hopefully they will decide to release half life 2 soon in order to cache up some money.
"Show me the money: VU games programmer talks to the press about filing his labor suit"
Neil Aitken is fed up. Working as a programmer at vivendi universal's knowledge adventure division since february 2000, Aitken has dealt with a company unwilling to compensate for overtime. Management has forced him to change time cards to reflect fewer hours and even made him cross out weekends entirely. At least, so he claims.
Graves and associates filed a lawsuit against VU on june 28, citing violation of five california labor codes and one b usiness and profession code. As of press time, VU wouldn't comment. "this was a direct result of watching good friends and felloe programmers be laid off after working extraordinary amounts of overtime," says Aiken. "We were being squeezed to our limits, and those who voiced their dissatisfaction generally got cut"
OVERWORKED, UNDERPAID
That the case is being filed in california is significant, as california law specifically provides additional protection to computer programmers over federal laws. Employers have to pay their programmers at least $45.63 an hour (HOLY SHIT! -wraith) or a minimum salary of $1,200 a week to avoid overtime wages. Federal laws mandate a lower rate.
The suit isnt just for aitkens overtime either. if he's successful, all employees under similar circumstances at VU will recieve back pay. "We believe that the average programmer is working between 10 and 15 hours a week of overtime. each programmer is entitled to one and a half times his hourly wage for every hour of overtime since the year 2000." says allen graves, aitkens lawyer.
So, could VU be dishing out millions of dollars? "not likey" says research analyst and former labor lawyer michael pachter. "the one thing VU did poorly was define job requirements." the gist is that paying hourly wages denotes an essentially replaceable job. Programmers are skilled workers, and it would be smater to either 1) not let them work overtime if they are hourly or 2) just make them salaried so that there is no issue of overtime pay. Well, either that or just ship jobs off to coders in india who'll work feverishly for a fraction of the price ( :x - wraith)
Many developers were surprised that Aitken had filed a lawsuit. Most felt that if the work conditions agt VU were really that bad, Aitken should have gotten the hell out. As a senior programmer at Bethesda Softworks, steve meister has felt the heat of "crunch time" but has come away only with good experiences. "if you don't like the way you're treated at work, try to find work at a company that has more reasonable expectations of it's employees." says meister.
The results of the lawsuit could draw a close eye to the videogame industry, as overtime pay, especially in this industry, is largely unregulated and remains so. Last year, president bush increased tensions by threatening to veto a bill with an overtime pay protection guarantee (vote libertarian - wraith)
A MATURING INDUSTRY
The upshot is that employees just want overtime handled right. in fact, in a recent "quality of life" survey by the international game developers association, a surprising 46.8 percent of game developers reported that they were not compensated for overtime. only 4.3 percent mentioned receiving cash recompense, while other got time off, royalties, or profit sharing in exchange. Pachter, however, says that this is where the lawsuit can his the customer the hardest. "the bigger risk for the publishers is that if [the aitken case] goes through, they'll have to share a bigger piece of the pie. That can translate into higher costs for a game" (and presumably more piracy? -wraith)
The suit's mere presence is spurring discussions between developers over the nature of the industry and how its workers should be treated. "a curious thing is happening, and the vivendi suit is a reflection of it" says sean hyde-moyer, a producer at THQ. "the industry is starting to mature"
The suit was filed long before aitkens last day at the company, august 13th, and, he says, "many people expressed their support" The trial date for aitkens suit isnt until at least June of next year, but the case will likely be settled before then.
-Patrick Klepek
all comments in red are from me, all the typos and stuff are mine as well as i hand-typed this from the magazine. do you guys think the vivendi will be afraid of losing millions of dollars on this? if so hopefully they will decide to release half life 2 soon in order to cache up some money.