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Take-Two QA "wage abuse" case seeking more plaintiffs

Thu 01 Sep 2011 8:17am GMT / 4:17am EDT / 1:17am PDT
LegalPublishing

Tester alleges sub-minimum wage payments and excessive hours

A class action lawsuit filed against publisher Take Two regarding its treatment of QA staff requires additional plaintiffs if it is to proceed.

Californian law firm Righetti & Glugoski filed the suit on behalf of former visual concepts QA tester Aaron Martinez, based on his allegations that the publisher "engaged in a uniform policy and systemic scheme of wage abuse" while he worked there in 2006-2007, and that he and similar staff were required to "consistently... work off-the-clock," in some cases with meals and rests denied.

The suit also alleges that some QA staff "were not receiving at least minimum wage for compensation."

However, more testers prepared to support these allegations are required if the case is to proceed, reports Gamasutra. Potential plaintiffs are asked to contact class action administrator Gilardi and Co. LLC. If sufficient headcounts are found, the lawsuit will have its first court hearing in March 2012.

A PDF detailing the class action suit is available here.

5 Comments

Barrie Tingle Live Producer, Maxis

400 218 0.5
Ahh the good old days of QA.
Basic wage, plenty of unpaid overtime and ordered in overtime food that stray dogs would turn their nose up at.

I served my time, wouldn't go back again :)

Posted:3 years ago

#1

Tyler Minarik Contributing Editor

9 0 0.0
How did it take this guy two years to file this suit? If they didn't even offer minimum wage, why the hell did he take the job? And are people so spineless now that they don't speak up for themselves at their job? They just wait until years later and file a law suit instead? It all sounds fishy to me...

Who the hell works unpaid OT without being on a salary? Not only that, but the guy doesn't even know the names of the people he's suing, just that it's Take Two. How do you go through this and not know the names of your own bosses? And then when you get your crappy little under minimum wage no overtime pay check, you continue working through the year, without refusing to work unpaid OT until you receive your wages due? Who does that?

If you know about all these laws, then you must also know that demanding your breaks, demanding at least minimum wage, and refusing to work OT without pay are all lawful - you cannot be legally fired for these things, with the only exception being if you signed a contract agreeing to. Sure, I guess they deserve the pay if they worked it, but I just don't understand why they kept working past the first crappy paycheck and waited two full years to submit a lawsuit.

Edited 1 times. Last edit by Tyler Minarik on 1st September 2011 4:19pm

Posted:3 years ago

#2
Silly. Tough times when attorneys will take something like this.

Posted:3 years ago

#3

Dave Wolfe Game Developer, Cosmic Games

64 30 0.5
@Tyler You're assuming he knew about the laws when he worked there, and that he hasn't been trying to get a case brought against Take Two in the past few years. Also, what makes you think he doesn't know the names of his bosses?

Edited 1 times. Last edit by Dave Wolfe on 1st September 2011 6:52pm

Posted:3 years ago

#4

Fazi Zsolt Game Designer, Revo Solutions

18 8 0.4
@Tyler I don't know in which bubble you live in. But I can tell you that you don't have to be spineless to not speak up at the job because of the bad conditions. You just have to think like a man who barely makes it through every month thanks to his shitty salary, and who knows that if he starts complaining he will have no job the upcoming month and no way to pay his rent, buy food, support his family etc.
Now when you add all of these things you begin to understand why most people will work in shitty conditions and will continue to work in those conditions because of the lack of options these days.
Now you can say quit and get another job, but not everyone affords to quit.
Keep that in mind before you make crass comments on why he didn't you quit his shit job in the first place.

Also, maybe he waited this long, so that he could save up the money needed to hire a law firm. It's not cheap you know, and it takes time to get the money with a QA salary.

Posted:3 years ago

#5

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