Former GameStop Employee is Suing the Company
GameStop has been in increasingly dire straits over the last several years. The once-dominant company has struggled in the face of the game industry’s increasingly online distribution model. Even GameStop’s massive spikes in stock value last year were largely artificial, primarily driven by a coordinated campaign organized on Reddit.
Unfortunately for the troubled company, GameStop’s problems aren’t over. A former employee recently filed suit against the gaming retailer, alleging that it violated New York labor laws. The class-action lawsuit argues that GameStop employees are entitled to weekly pay under New York statutes.
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On Wednesday, former retail worker Trevon Mack filed the class-action lawsuit in New York’s eastern district court. Mack worked for GameStop from 2016 to 2020, and he argues that GameStop retail workers qualify as “manual workers” under Section 191 of New York Labor Law. This means they are legally entitled to be paid every week instead of every two weeks, like GameStop and many other retailers do. The class-action suit could potentially include hundreds or thousands of workers if it goes forward.
New York state law describes a “manual worker” as “a mechanic, workingman or laborer.” Lawyers and lawmakers have historically interpreted these labels as applying to workers that spend more than 25% of their workday engaged in “physical labor.” The courts also generally employ the term “physical labor” in a very broad sense, meaning it applies to a vast range of activities that workers engage in every day. Large companies can apply for an exemption, but that requires direct approval from a state agency.
The notion of retail work qualifying as
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