Office Football Pools

Now that the NFL strike is over, are you ready for some football? How about football pools and potential office problems?

Here's the legal scoop from Fisher & Phillips on how to best handle the ever-popular fantasy football trends.

Office Football Pools
Are you Ready for Some Football…Problems?
 

Now that the NFL strike is over, are you ready for some football? How about football pools and potential office problems? As the United States’ top sport – and top sport to gamble on – you can bet your office will have some sort of fantasy football talk around the water cooler. But, how much is too much? And how can you tell if the talk can lead to office headaches?

Below are some basic questions and answers regarding football, fantasy football and office protocol to help you and your company stand a fighting chance this season:

Can an I be fired for participating in fantasy football leagues?
In 2009, Fidelity Investments in Texas fired four employees for participating in fantasy football in the workplace. However, it wasn't because they thought the employees were showing a major loss of productivity in the workplace while participating, instead, it was because they deemed it gambling. So, this leads us to rule number one about participating in fantasy football or allowing/promoting it in the workplace. Be sure it is done in a legal manner.

Employers have the right to terminate at-will employees for policy violations or violations of workplace requirements or instructions, such as for gambling or for productivity problems related to fantasy football play. Before doing so, employers should ensure that they have a clear policy on gambling and on activities such as fantasy football, and that the policy is communicated to the employees.

Why do some businesses discourage fantasy football in the office – it’s so fun!
First, it may take away from workplace productivity. Some studies suggest that fantasy football costs American businesses $615 MILLION in productivity per NFL week.

Second, some business executives and owners worry it will cause hostility in the workplace. For example, if one employee gets a leg up on another in the fantasy football league, what was friendly competition could turn into an all-out office war.

Third, in some cases, money may be involved. The wagers may constitute gambling in certain jurisdictions depending on the amount at issue or whether a sponsor or the “house” takes a portion of the pool. Most fantasy football leagues in Arizona would be considered social gambling, which is permitted, so long as the participants are all 21 years of age or older.

Why do some businesses encourage fantasy football in the office?
Some believe that it is a way to bond the office in something fun together. A great example would be a fantasy football draft. It can be used as a way for employees to come together as a team in a game of friendly competition

What are the options for our office – what do we do?
-See if your office simply allows it

-See if there are rules for participating in it – some companies take interim measures such as limiting when folks can participate - on breaks, lunch hour, etc...

-If it isn’t allowed – don’t do it! Some take a stringent position and absolutely prohibit it - and even block various sports and social websites from office computers to ensure employee compliance. They can also add verbiage to employee handbooks expressly prohibiting it in the workplace.

Shayna Balch is an associate in Fisher & Phillips' Phoenix office as well as the Chair of the Valley of the Sun Human Resource Association's Legislative Action Committee. For more information, please visit www.laborlawyers.com

Image Courtesy: Copyright (c) <a href='http://www.123rf.com'>123RF Stock Photos</a>

Shayna Balch is an attorney in the Phoenix office of Fisher & Phillips, LLP. She represents employers in employment and labor litigation matters before federal and state courts as well as before administrative agencies. She handles matters across all facets of labor and employment law including employment discrimination, sexual harassment, retaliation, wrongful termination, restrictive covenants, preventive counseling, employee training, personnel policies and employment agreements. Shayna has represented clients before trial and appellate courts, the Equal Employment Opportunity Commission, the Arizona Civil Rights Division and United States Department Office of Special Counsel.

Follow Shayna H. on Twitter
Link to Shayna H. on LinkedIn
Find out more about Shayna H. at http://www.laborlawyers.com/showbio.aspx?Attorney-Shayna-Balch&Show=12516

Comments