Former GameStop worker sues over alleged New York Labor Law violations

An ex-GameStop employee is now suing the company over alleged violations of 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 pays its workers once a week. But, New York Labor Law Section 191 mandates that workers who are classified as manual laborers must be paid. Everywhere week. GameStop was accused of violating state labor laws by not complying with the lawsuit.

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. This definition is too broad to cause confusion in 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 They will need to make a payment.

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

This type of lawsuit is common in New York. Cheesecake Factory (wal-mart), Party City (apple), Urban Outfitters (and many others) have all been served with lawsuits for the same violations. Although most of the cases remain open, some are being dismissed.

Outside of court, GameStop itself has had a turbulent past few years — the company faced an existential crisis around 2020 as it started closing hundreds of stores amid a push toward digital-only sales. After a board refresh in 2021, the company saw an expected and chaotic boost by meme stock trading — also known as GameStonk — that dramatically increased GameStop’s stock price. Despite struggling in earnings, GameStop’s stocks continue to bounce around, reaching record highs as recent as last month, Kotaku reported.

In the past few years, GameStop workers have faced dire working conditions and extreme pressure from “desperate bosses.” GameStop workers alleged that the company failed to adequately protect its workers during the COVID-19 pandemic — including staying open when the store should have been closed with other non-essential businesses.

GameStop is also believed to owe Boston-based consulting company Boston Consulting Group $30 million, who filed a lawsuit against GameStop back in March.