Pachter Says Team Bondi "Wasn't Entitled to Overtime Pay"

Andy Chalk

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Nov 12, 2002
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Pachter Says Team Bondi "Wasn't Entitled to Overtime Pay"


Industry analyst Michael Pachter says game developers have no business complaining about working unpaid overtime hours during crunch time and if they don't like it, they should find another job.

The Team Bondi debacle that blew up last month, with employees coming forward to complain about brutal, near-abusive working conditions and a drawn-out crunch period that saw employees working 110-hour weeks without being paid overtime, is probably the biggest scandal to hit the development industry since EA Spouse [http://ea-spouse.livejournal.com/] blew the whistle on EA's poor labor practices back in 2004. But one man who's not buying into it is well-known analyst Michael Pachter. He doesn't deny that it happens, he just doesn't think it matters.

"I've never heard a developer say 'I don't work overtime and I don't work weekends,'" Pachter said in the new edition of his GameTrailers show Pach Attack [http://www.gametrailers.com/video/episode-222-pach-attack/717740]. "If you're getting into the industry, you are going to work plenty of hours. If your complaint is you worked overtime and didn't get paid for it, find another profession."

"I think there's a legitimate complaint if crunch time is never-ending," he continued. "Crunch should be the last three to six months of game development. I do get that it is a bad and unfair business practice to work 18 months non-stop overtime, [but] I don't think anybody was entitled to overtime pay."

If you're curious about why Pachter feels this way - and you should be - the short answer is that what developers don't get in overtime pay is generally more than made up for by hefty bonuses, particularly for successful triple-A releases. "If you want to be an hourly employee, go build automobiles. And what will happen is they'll close down your plant some day and you'll be out of work," he continued. "The cool thing about this industry is, if you're good, you'll make a ton of money. I think [the point] everyone is missing is that if a game is good - and L.A. Noire [http://www.amazon.com/L-Noire-Playstation-3/dp/B002I0J5UQ/ref=sr_1_1?ie=UTF8&qid=1311650261&sr=8-1] was good - there will be a profit pool, and there will be bonuses."

As to the question of unions in development studios, which would presumably bring a rapid halt to the sort of behavior that allegedly went on at Team Bondi, Pachter was equally clear. "Sweatshops should have unions but game studios, which tend to pay people a lot of money, shouldn't," he said.

The International Game Developer's Association launched an investigation [http://www.escapistmagazine.com/news/view/111340-IGDA-Investigating-L-A-Noire-Dev] into the labor practices at Team Bondi in June.

via: GamePro [http://www.gamepro.com/article/news/221360/pachter-sweatshops-should-have-unions-but-games-studios-shouldnt/]


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Radelaide

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May 15, 2008
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Sorry what? How aren't they intitled to over-time? If you're working 110 hour weeks without being paid overtime, you're being used as a slave.

Sometimes Michael Pachter needs to shut his face.
 

aashell13

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Jan 31, 2011
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I've come to regard the title "Industry Analyst" as media code for "random clown who may or may not know how to use appropriate jargon".

Seriously, I stopped listening to these guys a long time ago because they spend an awful lot of time being wrong for people who're supposed to know what they're talking about. Bad analysis is worse than none at all, IMHO.
 

cgentero

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Saw this on GAF, frankly seems like he is letting his personal politics shine through here, he should stick to predicting the obvious.
 

Kapol

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May 2, 2010
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First off, I thought game developers didn't make that much on average. I could be wrong, I just remember some news piece on this site saying something along those lines. Secondly, I don't think that anyone who doesn't work in the games industry should say anything about what people in it should make other then the customers. And no, I don't count an 'industry analyst' as working in the industry. Finally, he's saying that people should be expected to work for up to six months of hard work at 110 hours a week without overtime? Seriously? Why don't we get him working that much without overtime in a job that doesn't involve making things up all day?

Another problem is that people working on a project normally don't have control over other aspects, at least not that much. Then, not only can they not effect the entire product to make it a 'good game' as he suggest will make them money, but they can't read into if consumers will buy it or not while they're working. Honestly, how much did LA Noire sell? I'm actually curious about that. It was a good game, but that doesn't mean it sold well. Plenty of good games get glossed over by the mainstream (though these normally become cult classics and eventually becoming played by everyone, though that's well after the makers would have gotten their bonus).

And for me the worst part is he mentions working in the auto industry, then says 'they'll close the plant down and you'll be out of work.' But how much better is it then what's going on in the game industry right now? Plenty of companies have been closing down, some are being bought out, and many are just doing what they can to survive. So what he's describing is basically the same thing as what's happening in the game industry!

Seriously, this guy needs to realize he doesn't know everything. Of course, I could be wrong. He could be entirely right for all I know, but I doubt it. The points he makes aren't very good anyways.
 

Shamanic Rhythm

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I like how they've scattered strategically placed game paraphernalia behind him to make it look like he knows anything about what he's talking about.

Seriously though, his excuse is 'you don't get to complain because there are bonuses?' So yeah, slave away for 110 hours a week with no overtime, and if the game sells well, and the publisher doesn't cheat you out of your entitled bonuses (cough cough Activision) then it'll somehow be justified?

I'm guessing the only better job one can think of is the payment structure for 'analyst': "Work whenever you feel like you need to relieve your bowels by having people pay you for the refuse you produce as though it were some kind of coherent and logical advice or insight."

Edit: "loaf of bread". Touche, Captcha.
 

kalt_13

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Sep 14, 2008
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Radelaide said:
Sorry what? How aren't they intitled to over-time? If you're working 110 hour weeks without being paid overtime, you're being used as a slave.

Sometimes Michael Pachter needs to shut his face.
Ever been on a salary? I have been on several. In a salary contract it often says that you need to work "the hours nessicary" Now I don't what know their contracts say but in the past I have worked 80+ hours a week with no overtime and no bonus, it was the only way to get the work done. If your offered a salary then you need to be prepared for that kind of thing.
 

Zero_ctrl

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Feb 26, 2009
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Pachter has always prided himself on knowing how to piss people off.
You hear that?
He's a troll.
 

Craorach

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Bonuses are a scam, always.

Sure, some people manage to get them, but they are a calculated business decision to ensure they don't have to pay people a fair wage for a fair days work.

"We pay you extra for selling more..... but if someone else screws up, we don't advertise it properly, it just doesn't sell because of other games released.. whatever.. you don't get squat"

Hourly pay, set hours, overtime.. that is the ONLY acceptable method of working.

The only people I've found who defend other practices are the people who have been lucky, or who are for some reason happy to give up ridiculous amounts of time without getting compensated.

Edit : Note, I'm not saying Salary is unacceptable, but it should ALWAYS be Salary based upon the actual hours worked not the ideal hours worked. If the company is giving its staff such huge workloads that they consistently work longer than the hours their pay is based upon, they need to start paying more.
 

XT inc

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Jul 29, 2009
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I don't think any industry should treat employees in this way in the least.

Not when a small small percentile get very ...very rich off of their underlings.

To then promote a industry, nay, a society, Who's views become as follows.

Go to work every day do a ton of work off the clock for free I am a good worker. Never take vacation days or use sick days, I am a good worker. Work your ass off for those 2 days a week where you do house work and pay bills, because you are a good worker.

Honestly the higher ups must be laughing their ass off seeing how hard we have to work to be a "good worker", Must be nice.
 

SwishiestB0g

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Aug 7, 2009
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"The cool thing about this industry is, if you're good, you'll make a ton of money."

Mr. Industry analyst, you know how many GREAT games get made and make next to nothing?
This is just a stupid statement sir and if you believe it, you spit on Okami and many other wonderful games that didn't make a "ton of money".

GOOD DAY!

OT: I wonder if he's ever been in crunch, because from what I hear, it's not fun.

Game studios should have Unions, everything else does.
Granted I like the idea of a union but despise the way they are usually implemented but hey maybe that means no ultra high studio closure rate!
 

Epona

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There should be a law that limits the hours a salary employee can work because obviously in this industry salary = exploitation.
 

Jumplion

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This is really stupid. This practice of perpetual crunch time is just detrimental to all developers that end up doing it. Do you really expect people to continuously work every single day, for 80+ hours each week, for six months, and just accept it? "Oh yeah, I'm working my ass off for weeks on end, working in shit conditions, still getting paid the same no matter how much I work, and if the game sells well I might get bonuses, but it happens all the time! It's okay!" And guess what, this shit doesn't always happen with the bigger games. This shit easily happens on the low-end, budget titles that nobody gives a shit about. EA Spouse showed us that.

Is he really saying "Either choose to be abused in the workplace and work your ass off for months on end for a petty salary, or just find another job!"? Because that shit is unacceptable in any workplace. If you would rather be unemployed than working in a studio, especially in this economy, something is going on with the studio and it is not the employee's fault. Just because it is common in this industry does not mean it is ever justified. When shit hits the fan, sure, some crunch time is necessary for a few weeks. But not for 6 months just to get the game out of beta. Crunch time does not fix shitty management.
 

orangeapples

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If you're curious about why Pachter feels this way - and you should be - the short answer is that what developers don't get in overtime pay is generally more than made up for by hefty bonuses, particularly for successful triple-A releases. "If you want to be an hourly employee, go build automobiles. And what will happen is they'll close down your plant some day and you'll be out of work," he continued. "The cool thing about this industry is, if you're good, you'll make a ton of money. I think [the point] everyone is missing is that if a game is good - and L.A. Noire [http://www.amazon.com/L-Noire-Playstation-3/dp/B002I0J5UQ/ref=sr_1_1?ie=UTF8&qid=1311650261&sr=8-1] was good - there will be a profit pool, and there will be bonuses."
from the looks of it, they are salary employees and not hourly. It is entirely possible there is no clause for overtime work. Most people on salary pay do not have an option of overtime. Sucks, but that is life. And when they signed up for the job they would have known (by reading the employment contract) that there would be no overtime.

I hate to say it but I agree with Pachter... There are a number of salary jobs where people work insane work hours without overtime. If they don't like it, they get another job.
 

teebeeohh

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Jun 17, 2009
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except when they don't give you your bonus.
which could always happen, especially if a studio treats it's employees like dirt. If the triple a title tanks it's more likely the fault of someone higher up who did get his overtime payed than of just some random programmer who still deserves to be paid for the work he put in, even if the game doesn't sell well.

then again, the guy also can't decide whether nintendo is doomed or the unbeatable top dog.
 

Zing

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orangeapples said:
I hate to say it but I agree with Pachter... There are a number of salary jobs where people work insane work hours without overtime. If they don't like it, they get another job.
Which is illegal. The choice between your job and not working for no money is unacceptable.

Also Pachter claims that developers make a lot of money...I've heard nothing but the opposite.

edit: and the first comment on GT.com is:

As a former developer, I have to say for 95% of the game developers out there who don't work at the studios that make money like Infinity Ward, everything you said is totally false. One thing you're right about is don't get a job in this industry. I got out after being abused for nearly a decade and being deprived of a life outside of work - I only wish I had gotten out sooner.
Just like I thought.
 

scar_47

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Sep 25, 2010
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Why do they still write articles about this guy its already been made clear he knows little if anything about the industry with all the crap he spews. I'm not saying that salary emploees are entitled to over time if its not in their contract but you've really got to look at your development cycle if you need to have people work 90+ hour weeks for 6 months because something clearly isn't working, its also killing a lot of the talent average career is like 5 years because the hour get so bad fo so long. I also understand the need for crunch if it happens occasionally but it shouldn't 6 months of 110 hour weeks to make a release date.
 

-Dragmire-

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Mar 29, 2011
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kalt_13 said:
Radelaide said:
Sorry what? How aren't they intitled to over-time? If you're working 110 hour weeks without being paid overtime, you're being used as a slave.

Sometimes Michael Pachter needs to shut his face.
Ever been on a salary? I have been on several. In a salary contract it often says that you need to work "the hours necessary" Now I don't what know their contracts say but in the past I have worked 80+ hours a week with no overtime and no bonus, it was the only way to get the work done. If your offered a salary then you need to be prepared for that kind of thing.
While that is true and it's not as bad as it sounds, there has to be some kind of legal limit to what "necessary" hours can be asked of you. I don't think it's legal to have people work 20hr days 7 days a week, where I live anyway.
 

CM156_v1legacy

Revelation 9:6
Mar 23, 2011
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orangeapples said:
from the looks of it, they are salary employees and not hourly. It is entirely possible there is no clause for overtime work. Most people on salary pay do not have an option of overtime. Sucks, but that is life. And when they signed up for the job they would have known (by reading the employment contract) that there would be no overtime.

I hate to say it but I agree with Pachter... There are a number of salary jobs where people work insane work hours without overtime. If they don't like it, they get another job.
If they are salary employees, then yes. I have to agree with both you and him. Rather odd to get a job and then complain about the fact that you didn't get overtime pay ex post facto when you knew in the first place you wouldn't.

But something does need to change in the industry if this is becoming the norm
SwishiestB0g said:
"Game studios should have Unions, everything else does.
Granted I like the idea of a union but despise the way they are usually implemented but hey maybe that means no ultra high studio closure rate!
I disagree. Not everything has unions. Nor should everything. I admit, I like the idea of a union. Provided joining is optional. That's fine. But the way they act often ammounts to holding work hostage. And I cannot respect that.

EDIT: Do be clear, I'm not anti-union. I just support people's right NOT to be a part of one if they do not wish so.