Former GameStop Corp. employee Trevon Mack prosecuted the video game retail company in a proposed class-action lawsuit for allegedly violating New York Labor Law, the Polygon reports.
Mack and his lawyer asserted that GameStop workers qualify as “manual laborers,” suggesting that 25 percent of their jobs require manual labor, like organizing stockrooms, moving packages, and standing for a long shift.
GameStop allegedly pays their workers every other week, violating the New York Labor Law Section 191, which requires companies to pay workers classified as manual laborers every week.
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 compelling GameStop to pay.
The state defines a manual worker as “a mechanic, workingman, or laborer,” interpreting it as a worker doing “physical labor” for more than 25 percent of their working day. In contrast, New York’s Department of Labor includes “countless physical tasks performed by employees” as physical labor.
