Revolutions are Always Verbose: Effecting Change in the TTRPG Industry

[MGibster]

Classification wage theft, part 2. Classifying employees as independent contractors in order to avoid paying wages and taxes.

Yeah, this is one that employers can run into on accident at times. I've had to explain to a few managers why it might be a bad idea to keep a contractor around for 5+ years.

1. The extent to which the services rendered are an integral part of the principal's business.
2. The permanency of the relationship.
3. The amount of the alleged contractor's investment in facilities and equipment.
4. The nature and degree of control by the principal.
5. The alleged contractor's opportunities for profit and loss.
6. The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor.
7. The degree of independent business organization and operation.

I think numbers 4, 5, and 6 are particularly easy problem areas to fall into. I once had a manager call to ask me how he could issue a formal warning to a contractor on his team. "He's not our employee," I explained, "We don't have that kind of control over his actions." I don't know a whole lot about the inner working of the RPG industry so I don't know if they actually have a problem with misclassification of employees as independent contractors.

Super cute avatar by the way!

 

[MGibster]

I mean, I do my part where I can. Don't buy stuff off of Amazon, minimize purchases from the most immoral companies, patron indie creators, try to buy sustainable where I can... but I'm one barely middle class person, and trying to live a completely moral existence is impossible, and exhausting to attempt anyways.

I try to buy what I can from the FLGS. They provide me with space to play games and they're decent people so I do what I can to keep them in business. I feel as though I'm paying about the right price for most of my RPG books. I don't know if I'd be willing to actually pay a whole lot more than $60 in most cases.

 

[hawkeyefan]

I think you have to look at it with time in mind. Like, an hourly rate kind of thing. When we go to a movie we’re getting about 2 hours of entertainment. And it costs a good amount if you break it down per hour.

How many hours of entertainment will you get from a good RPG book? In most cases, you’ll get many, many more hours for your investment.

So maybe we need to accept the costs? Maybe we can in some cases of PWYW and similar, when possible, pay a little more? Maybe buy direct from smaller press companies or individuals so that more of your dollars go to them?

I’ve a pretty middle of the road income, but I like to support the folks who are making things I enjoy. If there’s a way to make sure they can make a little more, maybe that’s something we should collectively try to do more often.

And for the love of all that’s good and decent, tip more than 10%. Good lord.

 

[dragoner]

The current art contest thread is a perfect example where a creatives guild/union would have stepped in with a quick nope, with the benefit of no artists having to risk their career by speaking out.

 

[aramis erak]

The current art contest thread is a perfect example where a creatives guild/union would have stepped in with a quick nope, with the benefit of no artists having to risk their career by speaking out.

And such a situation is precisely why a goodly number of people think creative arts unions should be proverbially taken out back and put out of everyone else's misery.
As one actor of my acquaintance said, "The only thing SAG's done for me is take my money and tell me where not to work."

 

[Neonchameleon]

Wage theft is a massive problem in the US. While there is a robust regulatory/legal mechanism in place (FLSA), it doesn't suffice for the issues. Most wage theft is in the following categories:

Just thought I'd put this into context (source with data taken from here)

Employers steal more than all other types of criminal combined in the US and it's not even close.

The primary issue when it comes to this in TTRPGs is the independent contractor distinction; as I wrote at the beginning, it seems that Hasbro/WoTC should not be using the same economic model for vast profits that Mom & Pop joints are using to get by. In other words- they should be relying on employees.

I can't entirely agree here. I'd rather more diversity in adventures than the number of staff that's economic for WotC to employ. For example in a product like Candlekeep Adventures I'd like to see a different writer for each adventure (they may have done this) and most of those writers being from outside the house team and very possibly from outside America. It makes perfect sense to make these external writers independent contractors, initially employed for one adventure, and this also widens the pool to outside the people who can write adventures. But those are employed as independent contractors because they genuinely are.

 

[Snarf Zagyg]

I can't entirely agree here. I'd rather more diversity in adventures than the number of staff that's economic for WotC to employ. For example in a product like Candlekeep Adventures I'd like to see a different writer for each adventure (they may have done this) and most of those writers being from outside the house team and very possibly from outside America. It makes perfect sense to make these external writers independent contractors, initially employed for one adventure, and this also widens the pool to outside the people who can write adventures. But those are employed as independent contractors because they genuinely are.

To be more specific- I'm not saying that they can't use independent contractors, ever. There are talented artists and writers that thrive on that model, and there will be times when a company needs to reach out (consultants) in order to fill a specific need that they don't usually have.

What I am getting at is that, from what I understand, WoTC uses the IC model much more than they need to- in other words, because it is such a norm within the industry, they are able to get away with not hiring employees. And in America, that can make a huge difference. Traditionally, an IC is someone like a plumber or an electrician- people hire them for specific jobs, and they bring their own tools, experience, skill, and so on. But it is so advantageous for companies to use the IC model that they try to treat everyone like an IC- and while that flexibility (and labor savings) is great for the company, it usually sucks for the workers, because employees are subject to all sorts of protections that ICs do not have.

In my ideal word, Hasbro/WoTC would have more employees to put out their materials and have reliance on ICs. And when they do use ICs, they would lead the way by paying higher rates (per word and for art).

 

[Neonchameleon]

Fundamentally I don't think that there's room in the RPG business to support more than a tiny number of full time professionals partly (as has been discussed) because there is too much competition by people creating RPGs for the love of it and partly because of how ludicrously cheap they are in terms of hours of entertainment per pound or dollar.

For an example take Apocalypse World as a very good Indie game. A softcover copy of Apocalypse World is $28 plus shipping which for a softcover black and white book can sound high; it's a lot more than most novels and many computer games that have been out for a year or more for example.

The value of it in terms of hours on the other hand is ridiculous. Let's say that counting costs and printed character sheets and dice (2d6) it costs $30 - in other words the cost of a couple of cinema tickets plus snacks or a main + desert + drink (+20% tip) for one person at Olive Garden. Or in other words if you play somewhere like a pub or restaurant each of you might spend more in a night than the game costs. And assuming five of you and ten four hour sessions that's 200 hours of entertainment off $30 for the game for more than six hours for every dollar with just one campaign.

At that good value it's amazing anyone can make money out of relatively rules light RPGs. I think it's why rules heavy and metaplot dominated the 90s, and there was a massive splurge of D&D books 2e and through 3.X; if you want to hire a large staff what do your people do when you've put the books out?

 

[dragoner]

And such a situation is precisely why a goodly number of people think creative arts unions should be proverbially taken out back and put out of everyone else's misery.
As one actor of my acquaintance said, "The only thing SAG's done for me is take my money and tell me where not to work."

I'm sorry that your friend feels that way, nevertheless, I still think that an organization protecting artists from predatory behaviors is best. The other options are none (bad) or government (meh).

 

[Bedrockgames]

On the internet, no one knows you are a dog.

If you've never seen a check in a restaurant with the suggested tip at the bottom, then you're either blind or you literally don't bother reading the check in your haste to give 5-10%. Most POS systems will print it out now.*

Not weighing in on the thread, but I worked in the service industry for ages at restaurants and doing delivery, and my wife continues to. I think this might be explained by variations from state to state and place to place. Also I suspect what is considered a good or appropriate tip varies a lot too. Here 15-20% is considered an appropriate tip. And servers notice when you tip below the appropriate level (it does impact your service in the future for sure). Good tips are well above that. When I was doing delivery it wasn't actually about the percentage (I really couldn't care what the total food cost was, I just new I only made a good living if everyone on average tipped 5 dollars per delivery). I can't recall if the bills here suggest a tip (I don't recall seeing it, but it is possible I have missed it). I do know that the menus and bills usually mentioned the standard gratuity costs (will ask my wife what they do at her restaurant when she gets home). EDIT: Just talked to wife and she said the bill does suggest an amount at her restaurant