Fantasy Football in the Office: A Penalty Flag for Business?

The official NFL season has kicked-off and football fanatics anxiously await their weekly fantasy football team results, evaluating players, making trades and tweaking their teams all season long. The New York Post reports that 74.7 million Americans will take part in a fantasy football league this year, spending $4.6 billion, according to a recent Spending & Saving Tracker report.

Forbes reported there was an 847% increase in daily fantasy sports participation on mobile devices in 2014. Fantasy football players use apps on their mobile devices to access real-time scores and player statistics; spending an average of 8.67 hours a week checking fantasy football news. When taking place in an office setting, these activities can lead to a significant decrease in work productivity.

Many employees will be talking about players, statistics and probably betting on game outcomes during the next four months. But what provisions should employers take when bracing for America’s favorite sport and most popular fantasy league activities?

According to Jim Fessenden, partner at Fisher & Phillips in San Diego, it’s important for employers to set appropriate boundaries. It is equally important for employees to take precautions when it comes to participating in the leagues, making bets and taking part in these sporting events in the workplace. Fisher & Phillips is one of the largest U.S. law firms to concentrate its practice exclusively on labor and employment matters.

Fessenden says:

• Technology has made it impossible to keep fantasy football games and league activities out of most workplaces. Game recaps and highlights are easily accessible, and sports shows can be streamed live from a variety of sources on computers, tablets and phones.
• How much energy a company wants to put into restricting this viewing and other league activities depends on its work environment. Not all workplaces need draconian regulations.
• Companies have options when it comes to employees watching game highlights and other sources to strategize for their next match-up. Employers can limit watching to break times and can encourage watching during break time by creating viewing options in break rooms.
• Short-term decreases in productivity can come with an opportunity to increase morale and teamwork through friendly rivalries.
• Office pools for money are forms of gambling and may be illegal under state law. Office pools for the sake of competition can boost morale.
• Many employers choose to allow office pools to exist in spite of the risks. Using some care in controlling the manner in which office pools are conducted may minimize the risk of consequences more serious than your fantasy football team holding the losing record as the season progresses.