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WotC Being Sued By Magic: the Gathering Judges
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<blockquote data-quote="Hussar" data-source="post: 7700054" data-attributes="member: 22779"><p>On the Grandma and Milk example.</p><p></p><p>Would it make a difference if Grandma then asked the boy to get milk for her every Saturday and deliver it to her house by lunchtime, every week? I think it would.</p><p></p><p>Asking someone to do something once, well, that gets a lot of leeway. Is it a job? Well, maybe technically, but, meh, it's a bit of a wash.</p><p></p><p>But the judges aren't asked to do things just once. And, let's not forget, WotC is ASKING them (i.e. more or less telling them because if they don't they lose their Judging status) to go and do things repeatedly. And, above and beyond simply judging a tournament, they were also being asked to do far more labor than was initially talked about. Nothing in being a Magic Judge says that you have to set up and take down the venue does it? I wouldn't expect that it does.</p><p></p><p>Once you are expected to do something, and suffer some sort of actual consequence for not doing it, that's a LOT closer to a job. If the boy doesn't get the milk for grandma, nothing happens. Well, he might not get cookies, but, that's about it. A Magic Judge that doesn't do the extra labour, going to tournaments, etc, loses out on ranks, which means losing out on perks and not being able to participate in the activity.</p><p></p><p>Suddenly, that sounds a LOT like a job. And, if it is a job, then you should get paid for it. Yup, they signed on a volunteers, but, there are strict limits on what delineates a volunteer from an employee. As soon as you start having penalties for not volunteering, well, that's a lot less voluntary and a lot more employment.</p><p></p><p>IOW, WotC gained a considerable amount of free labour above and beyond what the volunteers agreed to. And, any complaints or refusal by volunteers would be punished by withholding things of value. That's not a volunteer position anymore. </p><p></p><p>That's a job.</p></blockquote><p></p>
[QUOTE="Hussar, post: 7700054, member: 22779"] On the Grandma and Milk example. Would it make a difference if Grandma then asked the boy to get milk for her every Saturday and deliver it to her house by lunchtime, every week? I think it would. Asking someone to do something once, well, that gets a lot of leeway. Is it a job? Well, maybe technically, but, meh, it's a bit of a wash. But the judges aren't asked to do things just once. And, let's not forget, WotC is ASKING them (i.e. more or less telling them because if they don't they lose their Judging status) to go and do things repeatedly. And, above and beyond simply judging a tournament, they were also being asked to do far more labor than was initially talked about. Nothing in being a Magic Judge says that you have to set up and take down the venue does it? I wouldn't expect that it does. Once you are expected to do something, and suffer some sort of actual consequence for not doing it, that's a LOT closer to a job. If the boy doesn't get the milk for grandma, nothing happens. Well, he might not get cookies, but, that's about it. A Magic Judge that doesn't do the extra labour, going to tournaments, etc, loses out on ranks, which means losing out on perks and not being able to participate in the activity. Suddenly, that sounds a LOT like a job. And, if it is a job, then you should get paid for it. Yup, they signed on a volunteers, but, there are strict limits on what delineates a volunteer from an employee. As soon as you start having penalties for not volunteering, well, that's a lot less voluntary and a lot more employment. IOW, WotC gained a considerable amount of free labour above and beyond what the volunteers agreed to. And, any complaints or refusal by volunteers would be punished by withholding things of value. That's not a volunteer position anymore. That's a job. [/QUOTE]
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