In particular, employees may feel that the conversations they have with other employees or with customers may not be legally recorded, but this simply isn't the case. While audio recording is generally allowed, the specifics surrounding recording conversations in the workplace vary by state. Gambling and gambling related activities are frequently carried out during work hours. The workplace is used as a shield to hide the problem gambling from family members. This leaves managers and co-workers as the first line of defense. The challenge is to identify the problem gambler before they become desperate.
By Roger L. Grandgenett II and Sandra C. Ketner
So you didn't win the Powerball jackpot? Atlantis casino reno phone number. There are still plenty of opportunities to win big in the next few weeks as Super Bowl 50, March Madness, and even the Oscars quickly approach.
Many employees will likely be solicited by their fellow co-workers or supervisors to participate in office pools or football squares. However, employers should not allow conduct that is inappropriate, and in some states illegal, to interfere with business operations.
Some employers may view voluntary wagers made among employees at work as friendly competition or harmless fun. In some cases, periodic or seasonal workplace rivalries may even increase morale as different offices or different departments compete against one another for bragging rights.
A fine line to walk
Working together to complete and then follow the results of a March Madness tournament bracket, for instance, may give employees who do not usually converse outside of their day-to-day job duties an opportunity to relate to each other on a different level. However, such activity could lead to division and alienation if some employees feel excluded for potentially discriminatory reasons related to race, gender, disability, religion, or other protected characteristics.
Moreover, employees who already feel they are being treated unfairly may point to their exclusion from workplace wagers as further evidence of harassment, as may employees who are ridiculed by their co-workers for refusing to participate (perhaps due to their objection to gambling on religious grounds).
In addition, employees spending time during business hours to confer and place bets, as well as regularly following their picks, can lead to reduced productivity.
Employees may cause interference with the company's network operations if they stream live events on their laptops or smartphones. Osage casino ponca city phone number. While the Super Bowl and the Academy Awards are held on the weekend, the March Madness college basketball tournament spans four weeks during both weekends and weekdays. Employers should be cautious not to endorse activities that will result in a significant loss of productivity.
You can't condone illegal activities
Bookmaking is also illegal in many states. With many employees working remotely or across state lines, the risk of unknowingly committing a crime multiplies. Likewise, the creation of on-line gambling allows employees to place bets anytime, anywhere – including from their offices or cubicles.
Even though workplace gambling is unlikely to result in criminal investigation or prosecution, employers should not turn a blind eye or otherwise appear to condone any illegal conduct occurring in the workplace.
In order to help minimize potential exposure to liability, employers should make it clear what is and is not permitted in the workplace. If employers conduct business in a state in which workplace gambling is illegal, employers should notify their employees that it is expressly prohibited and that employees will be disciplined if they engage in such prohibited conduct on the job.
Even if employers conduct business in a state that permits private bookmaking, employers should avoid formally sponsoring pools or wagers where money will change hands. If employers choose to allow employees to participate in non-monetary wagers, employers should remind their employees that they must comply with all company policies, including those policies related to appropriate workplace conduct and the acceptable use of company resources.
Employees Gambling In The Workplace Act
Moreover, employees who already feel they are being treated unfairly may point to their exclusion from workplace wagers as further evidence of harassment, as may employees who are ridiculed by their co-workers for refusing to participate (perhaps due to their objection to gambling on religious grounds).
In addition, employees spending time during business hours to confer and place bets, as well as regularly following their picks, can lead to reduced productivity.
Employees may cause interference with the company's network operations if they stream live events on their laptops or smartphones. Osage casino ponca city phone number. While the Super Bowl and the Academy Awards are held on the weekend, the March Madness college basketball tournament spans four weeks during both weekends and weekdays. Employers should be cautious not to endorse activities that will result in a significant loss of productivity.
You can't condone illegal activities
Bookmaking is also illegal in many states. With many employees working remotely or across state lines, the risk of unknowingly committing a crime multiplies. Likewise, the creation of on-line gambling allows employees to place bets anytime, anywhere – including from their offices or cubicles.
Even though workplace gambling is unlikely to result in criminal investigation or prosecution, employers should not turn a blind eye or otherwise appear to condone any illegal conduct occurring in the workplace.
In order to help minimize potential exposure to liability, employers should make it clear what is and is not permitted in the workplace. If employers conduct business in a state in which workplace gambling is illegal, employers should notify their employees that it is expressly prohibited and that employees will be disciplined if they engage in such prohibited conduct on the job.
Even if employers conduct business in a state that permits private bookmaking, employers should avoid formally sponsoring pools or wagers where money will change hands. If employers choose to allow employees to participate in non-monetary wagers, employers should remind their employees that they must comply with all company policies, including those policies related to appropriate workplace conduct and the acceptable use of company resources.
Employees Gambling In The Workplace Act
Employees Gambling In The Workplace Violence
Be cognizant of issues that might arise
Employers might also want to remind their employees of the procedures available for reporting any issues or concerns that may arise related to office pools or other workplace bets, and consider training their supervisors to monitor workforce conduct during the traditional office pool/betting season to help ensure policies are being equally and consistently applied.
Finally, employers are advised to watch out for situations in which employees are excluded from or pressured to participate in office pools and other wagers. While nothing is ever a safe bet, being cognizant of the issues that can arise during betting season may increase the odds of maintaining a congenial workplace.
This was originally published on Littler Mendelson's website. © 2016 Littler Mendelson. All Rights Reserved. Littler®, Employment & Labor Law Solutions Worldwide® and ASAP® are registered trademarks of Littler Mendelson, P.C.
Ever wondered if your March Madness office pool is harmless fun or an illegal gambling ring? Could you be prosecuted for participating? The smell of freshly-pressed bracket sheets fills the office air. The water cooler talk of upsets, sure things, and Cinderella stories remind us that March Madness, college basketball's championship tournament, is here again.
by Maynard Ontario
updated July 17, 2014 · 3min read
Ever wondered if your March Madness office pool is harmless fun or an illegal gambling ring? Could you be prosecuted for participating?
The smell of freshly-pressed bracket sheets fills the office air. The water cooler talk of upsets, sure things, and Cinderella stories remind us that March Madness, college basketball's championship tournament, is here again.
For many Americans, the March Madness office pool is a sacred tradition. According to online gambling site LazerWager, 2008 March Madness office pools were worth more than $2.5 billion with 27% of American employees participating. But while you study the match-ups and make your picks, you may be asking yourself: 'Is my office pool legal?'
In short: No. Betting on college sports is legal only in Nevada, where it now brings in more than $600 million a year. Though the FBI may not be conducting 24-hour surveillance on your cubicle, participating in or organizing inter-office gambling, like all unlicensed sports betting, is illegal. In most states, involvement in such pools can result in a misdemeanor charge and up to one year in prison.
In reality, the likelihood of facing prosecution for participating in an office betting pool as an employee or employer is virtually nonexistent. Employers, however, face significantly higher risk than employees. And if you're the company owner, the liability risk may be more than you're willing to accept. Many bosses and owners may laugh at the fact that their 'little office pool' is actually illegal. And although the risk of prosecution is low, if you own the company, you need to be aware that March Madness can pose serious legal liabilities.
Though you may have to be the party pooper, it is up to the company owner to set certain rules regarding gambling at work. A clear, concise section in your company's employee handbook should explain the legalities involved in inter-office betting. If you decide to prohibit or restrict gambling at the workplace, explain both the workplace and legal consequences so employees are aware that you take the issue seriously.
If you own the property where your workplace is located, you have even more liability risk. The owner of the premises where gambling is conducted is subject to the same criminal liability as the organizers and participants whether or not he or she is involved in a single bet.
The other side of the coin is that office pools usually carry low bet amounts and can create camaraderie among employees. The possibilities of long-shots and underdog victories make March Madness one of the most exciting events in sports; even non-sports fans are easily swept up in the enthusiasm. Following a team, trash-talking with friends, and putting a little money down add to the fun and can help foster a sense of community among employees.
If you do decide to organize or allow an office pool, you can reduce your liability risk by keeping the stakes low and separating gambling and work. Avoid online brackets and keep your pool on paper. Prevent disruption at work by prohibiting game-watching over the Internet and encouraging pool participation only during breaks and lunch. Rather than using the typical buy-in bracket model, allow everyone to participate for free and simply provide prizes for the winners. Organize after-work parties to watch the games together. Make it fun—you may be able to build camaraderie without the added risks.
Good luck with your brackets!
