Two new labor complaints have been filed against Nintendo of America and its third-party contractor Teksystems with the U.S. National Labor Relations Board (NLRB) in December 2025 and January 2026. These filings allege violations of labor laws that protect employees’ rights to self-organize and prohibit discrimination for filing charges or giving testimony.
The complaints, initially reported by Game File and corroborated by GamesIndustry.biz, mark a significant moment for worker rights within the multi-billion dollar gaming industry. While specific details about the individuals involved remain undisclosed, the allegations point to potential interference with fundamental employee protections.
This development comes as Nintendo reports a period of exceptional financial success, driven by the launch of the Switch 2. The company saw net sales jump by 110% and operating profits rise by 19.5% in its most recent financial report, with 10.36 million units of the new console sold.
Allegations and the contractor connection
The core of these Nintendo labor complaints revolves around two key areas: employer interference with self-organizing activities and discrimination against employees for engaging with labor protections. Teksystems, a crucial contractor, works with Nintendo of America on various key roles, including game-testing and customer service, making the scope of these complaints broad.
This structure of utilizing third-party contractors for essential functions is common in the tech and gaming sectors. However, it also introduces complexities regarding employer responsibilities and worker rights, particularly when labor disputes arise across different entities involved in the same operations.
A pattern of disputes and industry trends
These recent filings against Nintendo are not isolated incidents. A similar labor complaint was lodged in 2022 by former QA worker MacKenzie Clifton, who accused the company of firing them for inquiring about its stance on unionization. This case concluded with a settlement where Clifton received $25,910 in pay, interest, and damages.
Nintendo, however, maintained at the time that Clifton’s dismissal was due to the disclosure of ‘confidential information,’ rather than any efforts related to unionization. This defense highlights a recurring challenge in labor disputes within the industry.
The broader gaming industry has also faced increasing scrutiny over labor practices. In November, the Independent Workers’ Union of Great Britain (IWGB) accused Rockstar Games of union busting after 34 staff were fired. Rockstar, similar to Nintendo’s defense in the Clifton case, countered by citing the sharing of ‘confidential information’ as the reason for dismissal.
As workers across various sectors, including technology and entertainment, increasingly advocate for better conditions and organizing rights, the NLRB continues to play a vital role. These cases highlight the ongoing tension between corporate management and employee efforts to secure fair treatment and collective bargaining power.
The outcome of these latest NLRB filings against Nintendo and Teksystems will undoubtedly be closely watched. They could set important precedents for how major gaming companies manage their workforce, both direct employees and contractors, and how they navigate the evolving landscape of labor relations in a rapidly growing industry.
