Everybody Does It, But Office Betting Pools Pose Hazards

Getting caught with that Super Bowl grid or NCAA basketball tournament bracket became cheaper in California this year. That is, if you get caught to begin with. Yes, office betting pools are gambling and illegal. But when done for small amounts of money it is law rarely if ever enforced. In January, the penalty for those caught participating in workplace office pools was reduced to $500 from $5,000. Participation is now considered to be on par with receiving a parking ticket as long as the wagering amount stays below $2,500. Still, employment law attorneys and business consultants have strong words to say about the practice. Yes, it may promote camaraderie and boost morale but office pools are still illegal gambling and because of that management needs to be careful not to let company resources be used to aid or abet the pools or to be seen as condoning the activity. But sometimes that isn’t easy, especially when the guy at the top is taking part in that activity. One human resources consultant in the Valley region has a client company made up of mostly women where there is a weekly lotto that is handled by the chief executive. The lotto has not caused conflicts at the business and contributes to a flexible environment the CEO wants. “He wants his employees to know that they can do things,” the consultant said. “They can sell Girl Scout cookies or if someone is sick they can contribute to a fund.” A 2008 survey from recruiting and staffing firm Spherion found that 44 percent of U.S. workers have taken part in an office pool. Not surprisingly, it is a male dominated activity with only 36 percent females participating. It’s not just the money involved that motivates office bettors, the survey found. Office camaraderie was named by 45 percent as a primary reason for jumping into an office pool as compared to the 36 percent citing winning money. But two percent also said they took part in office pools because of pressure from coworkers. That can be dangerous, employment law experts said. If there is one thing that an employer doesn’t want to create is an environment where the office pool is seen as non-voluntary or that those who do participate are treated differently than those who don’t. “That may lead to claim you do not follow own policies,” said Karen Dinino, a workplace consultant based in Westlake Village. Her advice is that no company resources such as emails or letterheads be used to promote the betting pool. Also, management should keep any charts or grids from being displayed in officer common areas because that could give the impression they condone an illegal activity, Dinino said. Employers also don’t want to risk looking irresponsible and not taking laws seriously. The last place a manager wants to find herself is on a witness stand not being able to explain why some laws apply in the workplace and others don’t, Dinino said. “There you sit with a quizzical look on your face wondering why you did it,” she added.