Former employee sues GameStop for allegedly breaking labor laws

GameStop’s bizarre journey over the past two years is continuing to twist and turn. Polygon reported today that a former GameStop employee has filed a class-action lawsuit against the company in New York state. 

The lawsuit, which was brought to the court by former retail worker Trevon Mack, was filed yesterday. The suit revolves around New York labor laws and whether or not GameStop employees qualify as “manual laborers.”

GameStop pays its retail workers on a biweekly basis, according to the report. That practice could be in violation of New York labor law if GameStop employees can be classified as manual laborers, who New York mandates must be paid every week by their employers.

The definition of manual laborer is fuzzy at best, however. While New York cites more common manual labor situations, such as a mechanic, “manual laborer” has come to encompass anyone doing physical labor for 25 percent or more of their workday. In the case of GameStop employees, this can include stocking shelves, moving boxes of product in the back of a store, cleaning up a storefront, or simply standing for the majority of a shift. 

The lawsuit mentions that “thousands” of employees could be included. Any GameStop retail employee who was paid on a biweekly basis could join in the complaint against the company if the court rules that those employees were and are manual laborers. Several lawsuits of this nature have been filed in New York, including against companies such as Urban Outfitters and Apple, according to the Polygon report. 

While other lawsuits of this nature have been dismissed by the court, others remain active in the court system. If the court rules in favor of Mack and any other GameStop employees who join his suit, it could be another blow to GameStop, which has struggled to keep storefronts open over the past few years.