Report: California Law Strips Overtime from Game Developers

April 7, 2009

In 2004, Erin Hoffman rocked the video game industry with her frank report about Electronic Arts' abuse of game development team members in the name of meeting publishing deadlines.

In order to protect her husband, Hoffman wrote under the pseudonym EA Spouse. Her startling revelations galvanized game development employees and triggered a quality of life movement within the industry. A 2008 California law, however, may cancel out those gains for game biz worker bees.

As reported by Joystiq:

California Assembly Bill 10 has gone into effect and the future of game development in California for some may be marred by brutal crunch times with no compensation for overtime hours...

Joystiq's Law of the Game author Mark Methenitis explained the downside of the amendment to us this afternoon, saying, "Practically speaking, that means if you're a dev with a salary of $75K, you can't claim overtime during crunch, which means the developer is more likely to use crunch cycles."


Comments

Re: Report: California Law Strips Overtime from Game Developers

nah pretty much if deadlines arent met, the publisher pulls funding, and cans the project.

The the studio devs are working for have to find a new contract.. and if they cant.. well ... devs lose their jobs.

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Re: Report: California Law Strips Overtime from Game ...

Isn't it so that most devs. in the computer business today now earns less than 75K US $ a year?

I thought I saw somewhere that the average dev get paid about 40K-to 50K US $ a year...

And thaty only leaders, bosses and such would get paid more than 75K a year.

 

On another note, Danish Labour laws prevent people from working 60 hours a week without overtime pay - if you're an hired employee. However, if you're a manager, you will get a higher salary, but you do not have an upper time limit i.e. you can be asked to work more than the 37 hours a week that are normal in Denmark.

Even if you are on an fixed salary, say 5.000 US $ a month, you get paid for overtime...

Re: Report: California Law Strips Overtime from Game Developers

 There is a company where I live that builds Flight Simulators and the only way they can actually get people to come on board is the fact that they pay overtime. (of course it doesnt help that their offer for pay is low as hell and the only way you can make a decent wage is by working over time)

"We in california feel it is neccasary to drive game..."

"The state of california feels that it is absolutely neccasary to drive game development and media domination to China" One legislator said to reporters today.

"It's of the utmost important[sic] that we...uhh...drive good game devs...uhh...to other countries."

"We've made sure that the grunts continue to draw overtime, but those that go to college and obtain a degree in programming are just shafted."

"Other artists, like those that consider a dogs shitting, humping, and sniffing each other's butts ( http://www.zombietime.com/zomblog/?p=339 , moderately SFW ) to be art are paid very well! It's only game developers that are going to be affected by this law."

 

I will not buy securom games. http://www.wolvenmoon.com/sharedfiles/message1.jpg and http://www.wolvenmoon.com/sharedfiles/message2.jpg

Simmer Down

In the AB 10 Assembly Bill ( info.sen.ca.gov/pub/07-08/bill/asm/ab_0001-0050/ab_10_bill_20080930_chaptered.html ) there are a lot of qualifications one must meet to not receive overtime pay. One of these qualifications is that you make more than $36/hr base hourly wage or $75,000 per year base salary.

This means if you make less than $36 per hour or are on a salary of less than $75k per year you are still eligible for overtime pay.

 

Re: Simmer Down

A lot of devs, especially non-programmers, aren't making $75k annual, and I would bet my job that none of them are getting overtime if they're salaried.

Re: Simmer Down

Maybe this changes with the bill? Reading the wording of it, it directly includes salaried employees. Nobody I know currently makes overtime with a salary.

Re: Report: California Law Strips Overtime from Game ...

it really seems like CA is trying to drive everyone out.

Maybe they want to turn it into a bomb test site?

Re: Report: California Law Strips Overtime from Game Developers

I remember the original report on this. For those of you wondering what the big deal is, I suggest you look into EA's business practices. It really is a worst case scenario of exploitation.

When a dev has the occasional crunch time, you'll hear little complaining. In EA's case, the crunch was non stop. I believe the problem was a) their need to release a sports title every year from the same franchise, and b) they had a floating pool of manpower that they would throw into teams to help ship the game. This floating pool went from one crunch to another.

There are laws that protect workers from constant 80 hr work weeks. However, their are exemptions, specifically to creative industries. EA settled the case I believe. However, if companies like EA continue to treat their employees like shit, game developers will have to unionize and that's the last thing a big corporation wants.

Re: Report: California Law Strips Overtime from Game ...

It's the big downfall of being paid on salary- you are paid to do a job, regardless of how long or short it takes.  I don't understand what is new here.  The only odd thing might be the 75K threshold- the government has been redefining what "rich" is quite liberally in recent months.

I am curious as to the breakdown of salary-to-hourly ratios are in the games industry.  I would imagine that, given the nature of development, there would be fewer hourly game developers than salary.

Re: Report: California Law Strips Overtime from Game ...

I'm confused as to what the problem is. As someone in development in a non-gaming environment, no one on salary gets overtime. In fact, not a single one of my friends from college make overtime. That's the nature of development. There's crunch times, and there's also lax times. If you really expect to get paid extra hours in those few crunch dates, are you also willing to relinquish all the hours spent at work that don't amount to a useable product? You work a salary to avoid having your income based on the success or failure of your assigned project. Even within successful companies, most projects get scrapped in the R&D phase. The number of games you see cancled once they've reached PR stages is only a snippet of projects that are shelved indefinitely. This isn't a factory where more time equals more product which equals more money for the company. Plus, with the knowledge that the salary being paid is the guarenteed amount for that employee, you have more confidence to hire more employees without risking going over budget.

Re: Report: California Law Strips Overtime from Game ...

That's the theory. Except more often than not there are no lax times. There are busy times and more busy times.

IIRC, the whole concept of "exempt employees" was at the behest of big technology companies two or three decades ago. They (Microsoft, Lotus, Apple, et al) were working people 80 hour weeks, and if they had to pay for all the time worked they would have gone broke. They successfully lobbied the government to place technology workers in the 'exempt' category so they could legally create a new slave labor class (okay, not exactly, the people were getting paid).

Re: Report: California Law Strips Overtime from Game Developers

Is this legal?  Could have sworn there were federal laws protecting workers.  Its not like the State of California (may their souls burn) is paying the OT. 

Re: Report: California Law Strips Overtime from Game Developers

My understanding was that people who are paid salary (exempt) wouldn't get overtime anyway, only those paid hourly (non-exempt)...amiwrong?

Sortableturnip's Law: As an online discussion of video game violence grows longer, the probability of a comparison involving Jack Thompson approaches 1

Re: Report: California Law Strips Overtime from Game ...

Federal wage law requires overtime (half time rather then time and a half) for certain types of excempt non-management employies.

These laws were just reworked a few years ago and gave tech workers (including game developers) limited overtime... so I'm curious how CA is getting around what is essentially federal laws.

Re: Report: California Law Strips Overtime from Game ...

That's how it is where I work.

It's always a downside.  Salary folks get paid lots more, but when they are in a business that may require them to put in over 40 hours, especially LOTS more than 40 hours, they do feel that they've been shorted.  In a way, it's true.  But then, they get paid the bigger bucks.

At this point in my life, $75k/yr. with no overtime pay would be more than acceptable.  But that's just me.

Nightwng2000

NW2K Software

Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Re: Report: California Law Strips Overtime from Game ...

That's how it is everywhere I've worked for the past 25 years. I've always been an 'exempt' employee, which means the company can tell me to work however many hours they feel like it. I have three choices:

1. Find another job, where they'll likely do the same thing

2. Refuse to work the extra hours, in which case I'll probably get fired

3. Do what I'm told

 

Re: Report: California Law Strips Overtime from Game ...

And this is why I smile every time I think about not being married, not having a house payment and not actually having any bills; because when the big company comes in and says work 60 hours I say NO and when they threaten I say go ahead don't need a job can still go back to school and get a masters degree.  I have even had one of my managers tell me that people that have a set up like me suck for companies because they can't use the job on a stick threat to keep me in line.

 

Power to the people =).

Re: Report: California Law Strips Overtime from Game ...

So, you live in your parent's basement or something?

Re: Report: California Law Strips Overtime from Game ...

 Nope have an apartment but the fear of losing my job is not there.  My moto is simple I work to live not live to work.  

Re: Report: California Law Strips Overtime from Game Developers

EA must be smiling. Although, the article states that the bill went into effect last year.

Re: Report: California Law Strips Overtime from Game ...

 I'm assuming if the develepers aren't paid overtime, they won't be likely to do as much, if any...

 

meaning your deadlines will get pushed even further...

that's how i understand it anyways

Re: Report: California Law Strips Overtime from Game ...

nah pretty much if deadlines arent met, the publisher pulls funding, and cans the project.

The the studio devs are working for have to find a new contract.. and if they cant.. well ... devs lose their jobs.

Re: Report: California Law Strips Overtime from Game ...

Game developers want the game to be released on time. 

The studio can apply a lot of pressure. 

It's really surprisingly hard to say "no". 

Re: Report: California Law Strips Overtime from Game ...

Saying "no" to overtime isn't really an option, because crunches aren't a "request", especially when they come from the publisher.

Re: Report: California Law Strips Overtime from Game ...

...a big step backwards?  I feel like there has to be more to this story :(

 
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