WotC Being Sued By Magic: the Gathering Judges

Wizards of the Coast, which, as you likely know, produces the enormous collectible card game Magic: The Gathering (as well as RPGs like D&D) is on the end of a class action lawsuit filed by a small group of M:tG judges (Adam Shaw, Peter Golightly, Justin Turner, and Joshua Stansfield). The suit alleges that WotC failed to pay minimum wage, provide meal or rest breaks, reimburse business expenses, maintain accurate payroll records, and more. M:tG judges are volunteers, but the filing appears to allege that the degree of supervision and control exercised by WotC was enough to create an employer-employee relationship instead. The M:tG judges are demanding a jury trial.

Click on the image for the full 23-page document
​

 

[Alzrius]

California judges are weird. The 9th circuit in particular has the highest rates of being overturned on appeal of any court in the country.

This is one of those statements that has to be put into context. That is, the Ninth Circuit typically handles more cases than most other circuits, and so has more cases that get petitioned for review. This makes sense considering that, say, the First Circuit only covers Maine, New Hampshire, Massachusetts, Rhode Island, and Puerto Rico for a total population of about 14 million, whereas the Ninth Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands for a total population of about 65 million.

According to at least one report from early 2010, the Ninth Circuit is only slightly higher than most of its peers in terms of how many of its cases are reversed by the Supreme Court, and the Federal Circuit is actually worse.

 

[GreyLord]

This could be big, or it might not be. If these guys win the case, this could have BIG ramifications in regards to game stores (AL to people that just demo or run games) to conventions (some conventions use volunteers, some booths are entirely volunteer driven at times), to maybe even websites like ENWorld (though that's reaching a little far, it could happen).

It boils down to what is volunteer and what is not, and what is given freely, and what is expected to be paid for.

If you know about me, I obviously would support WotC's side of this. I find it a dangerous precedent that is being sought and I am wondering if it's merely a money grab, or something more. Other volunteer groups have their members wear a certain type of clothing standard, have set hours (afterall, the hospital gifts shops, in theory, at the prices they charge, are NOT entirely non-profit, though utilized BY a non-profit, and are normally run by volunteers).

Despite my background, I can understand the pursuit of the case by some people, and why some would be disgruntled at how some of the judges are held accountable and utilized, however, in any organization where you must make judgement calls (for example, volunteer coaches who also referee soccer games for the little ones in many of the city leagues) which adhere to certain standards and are held accountable.

I think if it were simply up to a judge, it might be considered a frivolous lawsuit and that the Hasbro/WotC lawyers could convince a judge of why it is frivolous.

If it goes before a jury, that's much more debatable. Jury members may not understand how the Magic system works, how the tourney system should work, and what is fair to players, stores, and cons. A Jury trial could favor these guys if it isn't tossed out. I expect it will prey upon the expectations that the Jurors are not familiar with the system and thus be sympathetic to the portrayal of the idea of abusing the relationship between WotC and the MtG judges.

I don't think it so much relies on which court it goes to, as much as who the jurors are if it goes before a jury.

 

[Cody C. Lewis]

My initial reaction... is that the judges should probably be paid, all laws aside. I mean I had a highschool friend over 10-12 years ago that made $15 an hour just to ref some 6 year olds while they played soccer, so my OPINION is surely WotC could scrape together some funds for these guys-- at least to meet minimum wage standards.

However, I am concerned about what that type of ruling might mean for WotC. Not that they would be financially crippled or anything, but that they would be more protective in assessing their risks in the future. Having to classify these people as employees means all sort of further risks to the company, workman's comp comes to mind immediately. What if a paid 'employee' trips down some stairs at a large convention center, or gets into a physical altercation with a player over a ruling, etc etc?

Not saying they will have to start providing healthcare to anyone... but if they are exposed to new risks as they suddenly become employers of these judges, who knows what kinds of policies they will have to implement to protect themselves?

Very interesting. I guess we'll see.

 

[was]

...I was always under the impression that those judges received free product for their efforts. I am not into the game, but I know the guy running the MtG tournaments at my local FLGS. He always comes away with stuff afterwards.

 

[Obryn]

...I was always under the impression that those judges received free product for their efforts. I am not into the game, but I know the guy running the MtG tournaments at my local FLGS. He always comes away with stuff afterwards.

Right, but that's not a wage. That's not even company scrip. It's compensation, certainly, but there's a reason grocery store employees aren't paid in groceries.

 

[Chimpy]

What other venue would be appropriate for such a complaint?

I'm sure the judges could have approached WotC and opened up discussions for policy change. They could have also gathered support from judges all around the world and created a petition. Legal action should be a last resort, not a go-to solution.

 

[Morrus]

I'm sure the judges could have approached WotC and opened up discussions for policy change. They could have also gathered support from judges all around the world and created a petition. Legal action should be a last resort, not a go-to solution.

What makes you say that isn't the case?

 

[Chimpy]

What makes you say that isn't the case?

As a regular MtG player this is the first I've heard of anything like this. Maybe this group did try other strategies first. But to respond to Obryn's question, there are alternative routes that I think are less drastic.

 

[Morrus]

As a regular MtG player this is the first I've heard of anything like this. Maybe this group did try other strategies first. But to respond to Obryn's question, there are alternative routes that I think are less drastic.

I don't think the test is whether you personally heard of it. I think assuming this is the go-to approach rather than the last resort after other failed approaches is ... well, an odd go-to assumption!

 

[DaveMage]

The way we look at it where I work (public entity in the US) is that if you would be compensated in any way, then you are not a volunteer. If they received product for their service, then they have been compensated, and therefore, may have grounds that they were not a volunteer.