Former Employees Sue GameStop Over Security Checks

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vansau

Mortician of Love
May 25, 2010
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Former Employees Sue GameStop Over Security Checks



If you're going to impose mandatory security checks, make sure it doesn't impose on your employees' lunch breaks.

As someone who worked in retail, I can testify that things like bag checks are pretty routine when you head out for the day (or lunch, if you take your bag with you), but those usually take less than a minute. Based on a new lawsuit filed against GameStop, though, the security checks took longer than that and happened a lot more frequently, to the point of violating California state law.

The suit alleges that GameStop's mandatory security checks didn't allow for uninterrupted and/or unrestricted breaks. That's a problem when, according to state law, employers are required to provide a 30-minute break for a meal every five hours worked, as well as a ten minute break for every four-hour shift. According to GameSpot:

The allegations are rooted in GameStop's policy of conducting mandatory security checks of employees when they take meals or breaks. According to the complaint, hourly employees are not compensated for time spent undergoing these security checks.

The suit also makes a handful of other allegations stemming from uncompensated time spent undergoing security checks. These allegations state that GameStop has failed to adequately compensate employees for work shifts that exceed eight hours, as well as not providing accurately itemized wage statements.

The suit is seeking class status, as well as an hour's pay for each day during which adequate meal and rest breaks weren't provided, plus any other damages that the court determines.

Source: <a href=http://www.gamespot.com/news/gamestop-slapped-with-workers-rights-suit-6346464>GameSpot

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Rawne1980

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Jul 29, 2011
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I'm pretty sure it's possible to eat while bent over.

I don't think that huge bloke with his rubber glove and jar of vaseline will mind.
 

Something Amyss

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Dec 3, 2008
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I don't quite follow how they prevented uninterrupted breaks. Did they just pop in in the middle of lunch and say, "hi' NOW we're searching you?"
 

Techsmart07

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Mar 5, 2011
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being
Zachary Amaranth said:
I don't quite follow how they prevented uninterrupted breaks. Did they just pop in in the middle of lunch and say, "hi' NOW we're searching you?"
Most likely, they said "Oh, now you are leaving the store for food? Well, despite you not being on the clock, I have to check your bags for stolen stuff." It would be the beginning of the break, but, nonetheless, it interrupted part of the break. Once the employee is off the clock, the employee should not be forced by the employer to remain on premises, especially when they are given the minimum required break time by the government.
 

Craorach

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Jan 17, 2011
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My guess.. they don't allow you to factor your forced bag search into your break.. so, you get 30 minutes, but they demand you completely empty bags and maybe even pockets before you go. Which takes about five minutes, once you've gotten your bag, unpacked it, then packed it, and gotten the manager's time to do it.

That mean's your break is now 25 minutes.
 

BeefSteak

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Oct 3, 2007
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Well damn! If Gamestop guys are getting this they I had better start up a lawsuit against Toys 'R' Us. Worked there for a year and a half and never got a 10/15 minute break the whole time I was there.
 

AstylahAthrys

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Apr 7, 2010
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Really? It takes all of 30 seconds to get my security check, and I have a purse as well. Quit your bitching, dudes. Unless your boss was a complete asshole about it, it's no big deal. Video games are expensive and small, so they gotta be careful, you know? Also, if having a full 30 minutes was THAT important, they could always bring their lunch and forego the break bag check.
 

viranimus

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Nov 20, 2009
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Meh, moot point. It seems all too likely these people will just end up unemployed anyway. Be it for a shaken economy, or be it from being becoming an increasingly irrelevant industry thanks to publishers bending over backwards to cut out the them.
 

Shoggoth2588

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Aug 31, 2009
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Working at a Maryland Gamestop, I don't recall them being too giving when it came to breaks either. When I was givin leave I just sat in the overstocked back room though. It was leaving that was always an ordeal, most of the time hours after my shift was to end.
 

otakon17

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Jun 21, 2010
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Honestly, I never had a real problem with security checks. We walked out of the store, we turned our pockets out and did the "sock hop". Now, the "sock hop" became standard because a customer(or former employee, my memory of this is a little hazy near 8 years gone) is when we hiked up out pants legs and showed our socks had no bulge to them.

Suffice to say, this took all of a minute or so. However, I feel that this should not count on your break. I had that kind of problem when I worked in a warehouse loading trucks. Food and drink(except bottled water in the summer) was not allowed in the work area, we had 15 minute breaks every 3 hours, and a half-hour lunch at the mid-point of the shift(12 hour shift). However, the break room was a good 5 minute walk from the loading dock(it was a big warehouse), so in reality you only got a five-minute break and a 20-minute lunch.

I think the biggest problem that I had when I worked at Gamestop was the direct deposit system they had. If you didn't have a bank account, it was deposited into a debit card handled by the finance company that did payroll. And they charged you for EVERYTHING. I once lost 20 dollars out of my paycheck because on top of the ATM fees, it was charging me a dollar for every transaction. EVERY transaction, even canceled ones or just checking my balance. So, I thought I was withdrawing all my money when the amount I had was actually 1 dollar less. It canceled, I tried again and it charged me another dollar. After the first time of going through that crap, I had a bank account quick.
 

VanityGirl

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Apr 29, 2009
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IS that GameStop or the manager in charge's fault?
Security Checks are simple and quick, maybe someone's being a douchebag. I bet some manager is going to be fired soon.

otakon17 said:
I think the biggest problem that I had when I worked at Gamestop was the direct deposit system they had. If you didn't have a bank account, it was deposited into a debit card handled by the finance company that did payroll. And they charged you for EVERYTHING. I once lost 20 dollars out of my paycheck because on top of the ATM fees, it was charging me a dollar for every transaction. EVERY transaction, even canceled ones or just checking my balance. So, I thought I was withdrawing all my money when the amount I had was actually 1 dollar less. It canceled, I tried again and it charged me another dollar. After the first time of going through that crap, I had a bank account quick.
Yeah that's lame. They're using a new system that does Visa Cards now, not those crap cards they had before. Basically though, if you get a bank account, you can transfer all the money from your card to your bank without a fee of any sort. That's what I heard anyway.
 

Amnestic

High Priest of Haruhi
Aug 22, 2008
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AstylahAthrys said:
Unless your boss was a complete asshole about it, it's no big deal.
vansau said:
Former Employees Sue GameStop Over Security Checks


You say it's not a big deal, but protecting workers rights to proper breaks is important. Too many companies think it's fine to just gloss over such things, mostly because their employees are ignorant as to what they're legally entitled to.
 

Kinokohatake

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Jul 11, 2010
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AstylahAthrys said:
Really? It takes all of 30 seconds to get my security check, and I have a purse as well. Quit your bitching, dudes. Unless your boss was a complete asshole about it, it's no big deal. Video games are expensive and small, so they gotta be careful, you know? Also, if having a full 30 minutes was THAT important, they could always bring their lunch and forego the break bag check.
I was popping in to say the same thing. And as a manager for Game Stop, there is only one way all of the missing store material goes missing and that is the employees. And other managers. As such it is necessary.
 

AstylahAthrys

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Apr 7, 2010
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Amnestic said:
AstylahAthrys said:
Unless your boss was a complete asshole about it, it's no big deal.
vansau said:
Former Employees Sue GameStop Over Security Checks


You say it's not a big deal, but protecting workers rights to proper breaks is important. Too many companies think it's fine to just gloss over such things, mostly because their employees are ignorant as to what they're legally entitled to.
I work at a Gamestop, and my coworkers are some of the nicest people I know, especially my manager. :|
 

Amnestic

High Priest of Haruhi
Aug 22, 2008
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AstylahAthrys said:
I work at a Gamestop, and my coworkers are some of the nicest people I know, especially my manager. :|
From the stories I've heard, I'm willing to put money on your case being the exception. My friend worked at a Gamestop and her manager was a complete cockweasel.
 

Nargleblarg

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Jun 24, 2008
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AstylahAthrys said:
Amnestic said:
AstylahAthrys said:
Unless your boss was a complete asshole about it, it's no big deal.
vansau said:
Former Employees Sue GameStop Over Security Checks


You say it's not a big deal, but protecting workers rights to proper breaks is important. Too many companies think it's fine to just gloss over such things, mostly because their employees are ignorant as to what they're legally entitled to.
I work at a Gamestop, and my coworkers are some of the nicest people I know, especially my manager. :|
Agreed, not all of us are crazy; high fives to a fellow employee.
 

Johnson McGee

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Nov 16, 2009
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Why did impulse have to get taken over by these nincompoops? It was my favourite non-steam digital distributor.
 

Craorach

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Jan 17, 2011
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I have a better solution for Gamestop, stop hiring dishonest people, concentrate not on "how good a saleman is this person" and rather on "how honest, trustworthy and hard working are they".. immediate dismissal, as should be the case in any company, for anyone actually caught stealing and stop treating your other staff (and customers) as thieves.
 

Baresark

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Dec 19, 2010
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I'm not surprised they do this. I'm sure they feel they must do this because they do in fact treat their employees like shit, which if they didn't, the employees wouldn't have the motivation to steal things from the store. The other thing they could do is backround checks and regular product inventory. But, they are probably way to cheap to do that.
 

Therumancer

Citation Needed
Nov 28, 2007
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vansau said:
Former Employees Sue GameStop Over Security Checks



If you're going to impose mandatory security checks, make sure it doesn't impose on your employees' lunch breaks.

As someone who worked in retail, I can testify that things like bag checks are pretty routine when you head out for the day (or lunch, if you take your bag with you), but those usually take less than a minute. Based on a new lawsuit filed against GameStop lawsuit, though, the security checks took longer than that and happened a lot more frequently, to the point of violating California state law.

The suit alleges that GameStop's mandatory security checks didn't allow for uninterrupted and/or unrestricted breaks. That's a problem when, according to state law, employers are required to provide a 30-minute break for a meal every five hours worked, as well as a ten minute break for every four-hour shift. According to GameSpot:

The allegations are rooted in GameStop's policy of conducting mandatory security checks of employees when they take meals or breaks. According to the complaint, hourly employees are not compensated for time spent undergoing these security checks.

The suit also makes a handful of other allegations stemming from uncompensated time spent undergoing security checks. These allegations state that GameStop has failed to adequately compensate employees for work shifts that exceed eight hours, as well as not providing accurately itemized wage statements.

The suit is seeking class status, as well as an hour's pay for each day during which adequate meal and rest breaks weren't provided, plus any other damages that the court determines.

Source: <a href=http://www.gamespot.com/news/gamestop-slapped-with-workers-rights-suit-6346464>GameSpot

Permalink
Hmmm, well to put things into perspective this is a pretty typical operation nowadays. Being scandalized by this is like being amazed at the rising and setting of the sun. Having read this and watched some of the "Zero Originally" stuff responders linked, I don't think this suit will go anywhere.

When it comes to the security checks, your not considering this from the other side of the equasion. I spent years working as casino security and one of our jobs was to do these checks on employees. This included people like cage workers and drop team members, but also included people working in departments like EVS (Janitorial), the retail stories, food outlets (where I worked it's like a mall/small city in there... they call Foxwoods "The Emerald City" in fact). As security we did random bag checks, and routine ones as people entered and left the building both for concerns over terrorism, and people engaged in theft.

Now you might think that this was because we were concerned over people walking out with piles of chips or money, but really only very specific people were in a position to do that and they got extra-special attention, not to mention that they call "the Cage" a a cage for a reason, and you have to go through mantraps with doors operated from multiple locations at the very least to access most areas where the money is stored (I won't go into all the details I know about, I'm just covering the basics for the sake of arguement).

The thing is that employees will try and steal everything that is nailed down. You'd have people trying to steal vacuum cleaners, food from the cafeteria, tampons, concoms, and other vending machine items, fixtures, construction and maitnence supplies, and everything else you can think of. All of these things cost money. Of course there were actually some human concerns behind this as well, after all when your dealing with many thousand employees at any given times someone deciding they want to steal 30 cookies from the cateteria (which was free) might seem trivial since the casino could afford it, but the bottom line is that the food only comes out so fast and if someone empties out the cookies to bring home it means other people coming in on their break who want cookies won't be able to get any, which of course slots people off. You would be amazed at how many people see a free lunch and decide they want to say carry out a dozen apples in a gym bag, or 20 small bags of chips, or odd stuff like soda syrup.

What's more people are not stupid, truthfully just doing cursory searches given the size and value of items at Gamestop sounds pretty nice. People come up with better ways to hide things on themselves than that, which we've uncovered largely when things have gone wrong. This is not to mention the simple habit of arranging drops, which is where you put something of value somewhere while your working so you can collect it after your exit check. You even have teams of people working with grounds keepers and other people who go outside to set certain things up.

See, if I was going to try and bleed a Gamestop as an employee chances are I wouldn't just try and stuff some games in my bag or under my shirt, though admittedly most people are that stupid so the checks do help, and most importantly act as a deterrant, if they happen every day it makes people nervous knowing that someone is watching.

The point I'm getting at is that the security checks here are reasonable for the product, and actually err on the side of being nice given that your dealing with disposable minimum-wage retail monkeys with nothing to lose, who are frankly the most likely people to try and steal petty crap and minor amounts of product, because the odds of them ever being sent to jail are minimum, with the big penelty being losing a job that is crappy to begin with. While people of all stripes steal, the more someone has to lose from losing their job the less likely they are to engage in petty theft. Of course at the same time with some of those jobs coms the perception that one is too important for those rules and a sense of entitlement to walk out with something which can make things interesting. Someone like say a Food and Beverage Supervisor is likely to have an entirely differant mental justification for why
they can walk out with 30 cookies or a few boxes of condoms, than a Janitor.

As far as the general comments on the job goes, I think Zero Originality kind of amounts to a lot of QQing... sucky jobs suck because they suck (profound!). As he himself pointed out there are plenty of people to provide replacements there. Not to mention it *IS* meniel labour which requires no real skill, since it's pretty much acting like a stockboy in keeping a store organized against a never ending variety of people messing it up, and that's never fun. Almost everyone has worked retail, fast food, and other things, including me, and you'll pretty much never find anyone telling you what a great job that kind of thing is.

In a bad economy the lack of GOOD jobs is an issue, and that's why it's a crisis. Nobody can tolerate that for long and remain relatively sane, but then again those kinds of jobs are not intended to be career material, and of course minimum wages is not enough to support oneself on to any reasonable standard of living, which is something a lot of people routinely complain about. On the flip side however if you were running a store you probably wouldn't want to pay someone a lot of money to do something like move boxes and alphabetize shelves that takes no real skill except for the abillity to endure mindless labour.

They make movies and comedy skits about the horrors of low-end jobs, and what kids find themselves doing for a summer, or older adults moving down from "real jobs" and being forced to do those kinds of things for a while.

The lack of respect for employee breaks is kind of funny, because honestly I can't think of many jobs that DO respect them. You can argue legal requirements aside, but in the end it's something that can't be enforced, even if a class action suit succeeds it just means the people doing it getting fired, a bit of employer paranoia for a couple of months, and then back to normal. In the end most people would rather have their job (even doing a crappy one) than make a symbolic gesture. It's not fair... but well, things have always been that way, and unless society fundementally changes that's the way things are.

From an employer perspective understand that they do these searches for a reason, and go through so many employees there is rarely any personal association or empathy, especially up on the corperate level. For them the time taken doing the searches is time they are wasting in which you are not productive. Say it takes 15 minutes to do a good superficial search by their standards (which I doubt most people do) if they are paying you $8.00, they are spending $2.00 to make sure your not stealing. They would rather do this on your time than theirs, since from their perspective your a grubby thief (and to be honest, while every employee will insist they are totally clean here, I don't think you'll find many who can honestly say they haven't taken anything, even if it's trivial like tape or something, perhaps justified by the crummy treatment of their bosses and entitlement to something they need if nothing else).

Just a differant perspective on things. It sucks, and I am glad I am past that point of my life, but I've seen both sides of the fence. Since I did far, far, more time on the security end I could tell some really amusing stories about employees and the crap they tried and were caught, but this is already long, and it's more or less irrelevent.