Mack v. GameStop might sound like the name of an Always Sunny episode, but it’s actually a new lawsuit that was just filed in New York. A former retail employee is suing the company over an alleged violation of the state’s labor laws.
The lawsuit (as spotted by Polygon) was filed by former employee Trevon Mack, who worked for GameStop from 2016 to 2020, and its argument hinges on New York’s definition of “manual laborer.” Generally, to meet the definition, at least 25% of a worker’s tasks must involve manual labor. Jobs like mechanics, plumbers, and other repairers come to mind first, but the lawsuit claims that GameStop employees qualify as well, given the amount of standing, stocking, and organizing they are assigned to do. Manual laborers are required to be paid every week, but GameStop employees are not. Should they be considered manual laborers by the state, this would then constitute a violation of the labor law.
Mack is seeking class-action status with the lawsuit, which means it could affect many current and former GameStop employees. It’s easy to imagine them signing their names to such a lawsuit, as GameStop came under fire during the height of the covid-19 pandemic. Stores stayed open amid the crisis, causing employees to question the decision. They were already reportedly under much pressure to deliver good results for the company before the pandemic even began.
Former Nintendo of America president Reggie Fils-Aime briefly joined GameStop’s board of directors in an effort to help turn things around, but he stepped down after about a year. During that time, the company closed 320 stores but did not blame the pandemic for doing so. In December of 2021, it reported a large net loss of $100 million. As of the start of 2022, its latest plan to bolster the company is to embrace the cryptocurrency and NFT markets.
