GameStop worker sues over alleged labor law violation

polygon.com:

A former GameStop worker is suing the video game retail company for allegedly violating New York Labor Law. The proposed class action suit was filed Wednesday in New York’s eastern district court by Trevon Mack, a GameStop retail worker employed from 2016 to 2020.

Mack and his lawyer said in the lawsuit that GameStop workers qualify as “manual laborers,” meaning that 25% of their job requires them to do manual labor, like organizing stockrooms, moving packages, and standing for a long shift. GameStop allegedly pays their workers every other week, but New York Labor Law Section 191 requires companies to pay workers classified as manual laborers every week. In not doing so, the suit alleged that GameStop is violating labor law in the state.

The state defines a manual worker as “a mechanic, workingman, or laborer,” which has been interpreted as a worker doing “physical labor” for more than 25% of their working day. New York’s Department of Labor includes “countless physical tasks performed by employees” as physical labor, according to an FAQ page on the government website. The broad nature of that definition seems to be what causes confusion among workplaces. Companies are able to skirt these rules if they’re large enough, but have to apply for that exemption.

The proposed class action suit could include “hundreds, if not thousands” of employees and former GameStop workers. Mack and his lawyer want the court to define GameStop workers as manual laborers — and then GameStop will have to pay.

Neither GameStop nor Mack’s lawyers have responded to Polygon’s request for comment.

These sorts of lawsuits are common in New York. This year alone, Cheesecake Factory, Wal-Mart, Party City, Apple, Urban Outfitters, and plenty others