Legal and Practical Considerations for Office Bracket Pools
Industry Insights | The Workplace Advisors, Inc. | February 16, 2024
Q: We have an employee who does a March Madness bracket pool in the office. Do we have any liability by allowing that? Can we tell him it is not allowed?
A: Bracket pools for March Madness are growing in popularity given the easy management though online resources. Since these pools aren't limited in size like Fantasy Football or other leagues, they can be a fun way to connect co-workers even if only for a few weeks.
However, there are some things to consider before officially allowing bracket pools or any similar event to be done through the company.
- Open it up to everyone: Don't allow certain people to be included while others are excluded. That can create or strengthen cliques within the workplace or even appear as discriminatory depending on the make-up of the group not invited to join.
- Don't allow money to be exchanged: Gambling is not legal everywhere but, even where it is, money being won or lost can create financial concerns, confrontation, and intensified emotions and outbursts. And, if not properly handled, the company may become liable for financial losses.
- Be prepared for a dip in productivity: Before the first tip-off, employees will spend time analyzing the teams and making choices for their "perfect" bracket. Once the games start, they will be following the scores, many of which are played during the normal workweek.
- Protect your network security: Since brackets are often tracked using a third-party platform, be sure that it is legitimate and secure to reduce the chance of a malware or virus being downloaded into the system.
- Monitor the side "chatter": If the site has a place for on-going banter or "trash talking," the company may be liable for any inappropriate or unacceptable behavior or language which is not addressed or investigated.
- Realize you will need to allow similar activities in the future: Any time an employee is allowed to use company resources (i.e., email) to coordinate a bracket or drawing, organize a fundraiser, or solicit for donations, a precedence is set. This means the company must allow other employees to coordinate, organize, or solicit for their causes (as long as they are legal and do not violate a policy such as harassment or discrimination), even if it is against the company's best interest.
While bracket pools are fun, you may decide the downside is not worth it. In that case, tell the organizing employee the bracket must be handled using personal emails and be done when off-duty. And be consistent with future requests.
There are other ways to use March Madness as a teambuilding opportunity. Perhaps invite employees to wear jerseys of their favorite schools or watch part of the games during a company-sponsored lunch. Finding any way to tie in a popular event to create teambuilding can be a win-win.