Fantasy Sports in the Workplace

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Football season kicks off Thursday, September 5. As a result, millions of otherwise well-respected and seemingly professional Americans turn their attention to a grown-up version of make believe; a/k/a fantasy sports. Over 25 million Americans now belong to at least one fantasy football league and fantasy sports represent a multibillion dollar industry. Surveys suggest that many of those fantasy football participants access their league at the workplace, on equipment provided by employers. Most employers are cognizant of the importance of maintaining up-to-date computer use policies, social media protocols and other important workplace regulations, yet they inexplicably miss regulating participation in fantasy sports.

Make no mistake, however: fantasy sports has real world implications on the workplace. Therefore, clear rules should be documented and circulated at all businesses. Fantasy football is not just a weekend activity. According to one estimate, fantasy players spend an average of four hours a week researching teams, reading injury reports and reviewing player statistics in order to perfect their fantasy rosters.

Given the desire of participants to check updates, make trades, and the proliferation of online platforms for gaming, it should come as no surprise that a good portion of this time is spent in the workplace. Although it is difficult to quantify, various studies show estimates that the time employees spend on fantasy football costs employers anywhere from $430 million to $1.1 billion each week of the NFL regular season.

By one estimate, fantasy sports ranks with online shopping as the largest waste of productivity in the workplace.

Like most workplace conduct, an employer is entitled, and should be expected, to provide a set of regulations governing access to and use of fantasy sports websites when “on the clock” or on employer-provided equipment.

Development and use of an employee handbook on this and all subjects involving the workplace provides the employee with clear expectations of the dos and don’ts. Likewise, clear rules place an employee on notice so there is no doubt of the employer’s definitions of appropriate conduct.  Once clear rules are established, it is much more difficult for a terminated employee to question the reasoning for that termination, an action that could form the basis of a wrongful discharge lawsuit. 

So heed this warning, employers: maintain clear policies governing workplace conduct, efficiently carry out those policies, and document instances of alleged wrongdoing. The first step in this process is to maintain an up-to-date employee handbook that includes a clause governing workplace gambling including but not limited to participation in fantasy sports.