This is the first time in about 20 years that I am not in an
office environment to participate in a bracket-pool for March Madness. For
some reason this got me to thinking about whether office pools are even legal;
so I did some research. Whether you are in an office environment now, or will
be someday, it would probably be good to know this information. (Quick note: I usually say "poll" but most sites refer to office "pools" because of "pooling" money...I use the terms interchangeably.)
First and foremost, it’s important to note that even in
states where office pools are not legal, it would be rare to find police having
time or even wanting to bother to “raid” an office for having a basketball or football poll, unless there were
complaints filed. I think what’s more important to know is what your place of
employment thinks of this extracurricular activity and what their policies are…be
sure to inquire before entering a poll.
Bracket polls and football squares are fun to participate in
and can even give a sense of comarderie, but they can also be a time-suck on
your job depending on how much you put into it and how much you follow the
action. Even more time consuming is Fantasy Football in an office setting.
Trust me, I know. I’ve been involved in FF in an office setting for almost 18 years. It
has been my experience that all of my of my former employees have encouraged and even
participated in the polls, but made it
clear to the organizer that it was in no-way to interfere with their job.
So, is it legal? The general consensus seems to be that as
long as all entrance fees are disbursed - 100% of the proceeds paid out to the winners - and nothing goes to the “house” it is
legal (or at least overlooked) in the states that allow gambling, however if
money is collected for the house, then you are basically gambling without a
license and that would be illegal.
These are some of the concerns from Elkins Employment Law about
workplace gambling (I don’t like using the term gambling for this, because it
seems so harmless, but technically, that’s what it is.):
·
Decreased productivity
o
Time spent organizing the pool
o
Time spent collecting money
o
Time spent by employees talking about the
upcoming event and the likely outcome of the game
o
Time spent after the event distributing the pool
proceeds and dissecting the game.
·
Use of workplace equipment for non-work related
activities
o
Using the computers to put the pool together
o
Going on-line to check out the fantasy leagues
o
Using the copier or printer for preparing and
distributing the pool to everyone involved
·
What happens when there is a disagreement over
the handling of the pool?
o
Is this a workplace disagreement where your H.R.
Department is going to be expected to get involved or is this a non-work
related issue that the employees will be expected to resolve themselves?
My opinion is that unless your place of employment has a
policy against organizing or participating in these events, than go ahead and
join in the fun. Just don’t abuse it! Everyone needs to remember that these polls are all
about having fun. No one is going to get rich by participating and hopefully no
one will go broke or hurt either. Seriously folks, couldn’t we all use a little more
fun in these stressful times?
Here are some additional sites to checkout:
A word to the wise is sufficient.
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