As previously discussed in the Game Developer Manifesto, the systematic, generalized recourse, on the part of industry employers, to sustained unpaid overtime remains one of the most reprehensible practice affecting game developers. By sustained we mean more than a few days or a week at most. While some relative progress has been made since EA_spouse (and the subsequent legal action, this recent Insomniac Games article serves as a stark reminder that the practice remains entrenched.

Excessive, uncompensated overtime drains talent away from our industry, hundreds if not thousands of skilled workers giving up on their professional passion, yet it persists, on a large scale.

The deleterious effect of such a business practice on effectiveness – or lack thereof –, and therefore the bottom line, have been detailed by the IGDA. Excessive, systematic overtime drains the productivity of talented staff, returns steadily diminishing as the proportion of overtime reaches the point where productivity dips below that of an average eight-hour work day. While no company would argue that overtime is a “good thing”, plenty still consider it to be a necessary evil.

We’ll limit ourselves to examining the reasons behind this situation, as well as the lack of accountability in this regard; we’ll also explain why all overtime must be compensated in one form or another.

The immediate and obvious reason for this reprehensible practice comes from the fact that businesses suffer no direct cost associated to it. Most game companies seem to operate on a short term basis, focused on product delivery, with little apparent concern for the resulting exodus of talented veterans, let alone their wellbeing while still employed by them. A constantly renewed supply of eager graduates tends to keep management blind and insensitive to the issue. Except for a few lawsuits in California, few companies have had to incur any legal expenses due to excessive overtime, so the immediate costs of the practice are hardly ever factored in.

Similarly, the longer term and wider effect of excessive unpaid overtime on each company and on the industry itself, receives little scrutiny, or none at all from either the media or the companies themselves (although you should check out this month’s game developer magazine). Employee departures at the end of projects is seen a matter of course, and is therefore rarely considered a significant issue. The toll on the employees (and their families) is also rarely expressed for lack of a forum for such and tacit acceptance by all, allowing employers to ignore the issue, let alone discuss or address it in any sensible way.

In other words, the very developers whose skills produce hugely profitable games are the only ones silently carrying the burden of this business practice, their working conditions blissfully ignored by employers, the industry and the consumers themselves. As long as this remains the case, there is no reason to expect businesses to spontaneously address the issue. The first step is to articulate the issue and offer realistic solutions (MAYBE, maybe developers need to stand up together).

In most standard employee contracts, a standard industry clause in the working hours section will read more or less: “From time to time you will be expected to put in extra hours (over your core hours). You will be given appropriate notice from your manager”. With this, the bare-minimum a company can get away with, employers then feel comfortable abusing their employee’s time, without obligation to compensate them adequately.

It is unlikely overtime can be eradicated altogether. In fact, even companies that do their best to in that regard will still experience some form of crunch at one point or another, legitimately requiring overtime. Yet, firms like BioWare, come very close to eliminating overtime, proving that successful games can indeed be produced without exploiting employees). In situations where a few days of overtime – never more than 2 weeks – might be useful, even necessary, especially at the end of a major milestone, fair and appropriate compensation must be mandatory.

Arguing that unpaid overtime is morally wrong is inherently futile in a capitalistic world. Video game companies are in the business to generate profit and please shareholders. For game companies, it makes sense to cut cost wherever possible and to have employees work late during the week and on week-ends for weeks on end. Yet, surely, that same employer will never approach a middleware company and ask them to use their software for free. You won’t ever see a company purchase an order for 500,000 discs to be pressed, but expect to get 750,000. Why is it that when every other aspect of the business is driven by money, employees are still expected to donate their time for the good of the company?

Companies should always compensate for overtime within a clearly defined system established prior to crunch work. Vague promises of bonuses, the old carrot and stick method, are unfair to employees, placing all the burden on them and none on the company itself. The terms need to be concrete and enforceable. Various options can be offered as compensation, be it paid hourly wage (like Bizarre Creations), a clearly defined bonus or royalty scheme (like 3D Realms), or vacation time given in lieu (like the now-defunct Rockstar Vienna).

So, the key to reducing unpaid overtime is to associate a real financial cost to it. How exactly do we go about it?

In our next article, we’ll examine some of the tactics used by companies to justify overtime, and highlight their effectiveness, or lack thereof.

Posted by Raoul on Wednesday, June 27th, 2007 at 5:47 pm.