You’ve completed your bracket and handed in your $10.00 for the annual March Madness office pool for the NCAA basketball tournament. No big deal, right?
It’s important to bring some entertainment to work, but office pools need to be carefully thought out in terms of employee relations, company policies and practices and legality.
1. APPLICATION OF EXISTING POLICIES
Solicitation and Distribution Policy
Most companies have a solicitation and distribution policy outlining acceptable and unacceptable practices for things such as selling girl scout cookies or promoting your teenager’s babysitting services. Most office pools are solicited during work hours and using company email. Does this violate your solicitation policy? Is the use of technology in line with your IT security policies? It is important to note, employers cannot pick and choose what they allow and what they don’t allow. By allowing one form of solicitation and limiting another (e.g. union literature distribution), companies may find it difficult to defend their actions when an employee is subjected to disciplinary action for violation of the solicitation policy.
Legal Concern
Violation of this type of policy also brings up legal concerns. Allowing an office pool and girl scout cookie sales but prohibiting specifically employee organizing activity in the same way (e.g. during working time) has the potential for an unfair labor practice charge from the National Labor Relations Board.
2. STATE LAW
Legality of Sports Betting
These rules are very nuanced and vary from state to state. Check your local laws for rules on sports betting specifically.
3. OTHER WAYS TO ENGAGE EMPLOYEES
Create a Contest, Bingo, or Raffle
After careful consideration, there are still some ways to enjoy the season of March Madness. Avoid a “pool” and create a contest, bingo or raffle with a noncash prize such as extra PTO or a free lunch. Avoid the use of words such as “gambling” and “betting.” Lastly, keep in mind not everyone will want to participate and work productivity remains the priority! Have fun and cheer for your favorite team.
