Assembly Bill 60, passed in California in 1999, imposed an overtime pay requirement on the employers of a broad range of professionals, mandating time-and-a-half pay for work beyond eight hours a day or 40 hours a week. It was later amended by 2000's Senate Bill 88, which excepted some professionals employed in the software business from that requirement.

However, Kirschenbaum's suit argues that the nature of his work does not make him and other employees like him exempt from the overtime requirements. Software professionals excepted by SB 88's provisions must be highly compensated -- to the tune of more than $85,000 a year -- and engage in work more advanced than what the suit claims Kirschenbaum's responsibilities entail. In addition, the suit argues that Kirschenbaum and his fellow artists would be more properly classified as workers in the entertainment industry, to whom the SB 88 exceptions do not apply.

EA's latest Form 10-Q quarterly report, filed on November 3, briefly mentions the suit, saying that "we have not yet answered the complaint." Recent requests for comment from EA public relations representatives were not answered.