There are a number of issues with gambling in the workplace, says employment attorney Fiona Ong, including the following:

• Legal restrictions – Federal law prohibits betting across state lines, while some states regulate or prohibit office betting pools. Realistically, the chance of enforcement may be low, but it may be, nonetheless, a legal risk of which employers should be aware.
• Cybersecurity – If employees are accessing fantasy leagues and other sports betting sites through their employer’s computer systems, they could potentially expose the systems to malware. Employers could prohibit the use of company systems and equipment for these personal purposes.
• Monitoring – Employers may wish to monitor employee activity to ensure compliance with legal obligations and company policy related to gambling in the workplace. Some states have laws regarding workplace monitoring, including electronic monitoring, and employers must ensure compliance with such laws.
• Employee morale – Depending on who can join a pool or league, employees may feel either pressured or excluded. On the other hand, employers may wish to consider a fully voluntary and non-monetary pool, with non-cash prizes, as a legal way of fostering employee morale.

Senior Manager of HR Ashley Tiede recommends employers consider three things pertaining to fantasy sports leagues or Super Bowl pools in the workplace:

• The positive or negative impact on employee culture
• The potential impact on productivity, and
• The company’s non-solicitation policy.

Some companies love the competition and camaraderie created by allowing these activities. However, employers should clearly communicate whether or not the activities are permitted only during non-working times, such as lunches, breaks, etc. Additionally, send a reminder to all employees that participation is voluntary and not affiliated with or sponsored by the company, especially if money or betting is involved.

Review your employee handbook and see if you have a gambling policy, says HR Leader Erin ImHof.

You can make these activities completely voluntary and ensure that the company is not related to them at all; they can be after-work or lunchtime activities among employees. People should not feel pressured to participate.