No Gambling At Work Policy

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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.

No Gambling Policy At Work

By Celeste Blackburn

  • GAMBLING at work, using the work computer or telephone, should be banned for occupational health and safety reasons, just as smoking has been banned, according to a workplace relations specialist.
  • Even if there happens to be no legal or policy issues at stake, the harm has to do with how stakeholders would view the business if on-the-job gambling activities were revealed. 'If the stakes are high, the result of the pool could create disharmony in the workplace, and the problems could escalate,' says employment law expert B.

Are your employees gambling at work? With the Super Bowl and NCAA basketball tournaments coming up, it’s almost a sure bet that at least some employees are gambling on sports during company time, using company equipment. Sometimes, employees don’t wait for major sporting event to gamble, instead betting on the Oscars, American Idol, and coworkers’ pregnancy due-date pools. While employees see betting pools as harmless fun, employers can be the big losers due to the drain on productivity and resources as well as the legal issues that go with employees gambling at work.

HR Guide to Employment Law: A Practical Compliance Reference

Productivity takes a time out
In a 2011 Vault survey, 56% of respondents said they spent 30 minutes or less discussing, researching, or making picks for an office betting pool. A few admit to spending considerably more time on office gambling — 4% spent 1-2 hours, 2% spent 2-4 hours, and 1% spent more than 6 hours. Only 63% of survey participants who admitted to gambling at work were willing to reveal how much time they actually spend on it — even in an anonymous survey. A few quotes from survey participants suggest that those in the unaccounted for 37% are spending more time than they want to admit on office pools:

  • “I have seen coworkers not do ANY work at all, ALL day long.”
  • “Almost no work gets done in the office during March.”
  • “Zero office time — that’s stealing.”

Now consider this: In 2007, consulting firm Challenger, Gray & Christmas crunched the numbers (mainly figures about the national employment rate and average pay) and estimated that American employers lose up to $16 million for every minute their employees spend focused on the Super Bowl.

Gambling with team spirit
Some employees, employers, and company leaders see office betting pools as a way to foster camaraderie by giving employees a fun outlet to socialize and interact with one another. In the Vault survey, 78% of participants said it was appropriate to have office betting pools and only 22% disagreed. Elaborating, one survey respondent said, “March Madness is a great team builder, engaging folks from the office, plant floor, shipping/warehouse, remote sales offices, and even a few customers and vendors.”

On the other hand, there are those employees who might agree with the survey participant who complained, “My office is awash in sinners. Some day a real rain will come and these cubicles shall be cleansed.” While all workplace-gambling dissidents may not take such a hard line, it is a safe bet that the time wasted on these betting pools irks employees who don’t participate and instead keep their nose to the grindstone.

Illegal moves
In many states, gambling at work is illegal. For instance, in Kansas it can be a class B misdemeanor. Also, many states have gaming commissions that closely regulate gambling events. In other states, gambling at work resides in very gray legal area. For instance, in Colorado most gambling is illegal but betting pools in the office are an exception to the definition of illegal gambling so long as the pool is “incidental to a bona fide social relationship.”

While it’s true that local law enforcement probably isn’t concerned with an office betting pool, there have been instances to the contrary. Notably, in 2002, a middle manager at AT&T was arrested for allegedly taking a 10 % cut — about $3,000 — from a football office pool in New Jersey. The pool at issue was advertised in office e-mails, and a coworker allegedly turned the employee in to the police. The worker was charged with promoting gambling and faced up to five years in prison. While participants in small office pools with low stakes are unlikely to be arrested, it’s never a good idea for a company to condone criminal activity of any kind in the workplace.

Also, there have been several cases in which an employee sued an employer, trying to hold it liable for financial losses. Basically, the employees claimed that employer-approved office betting pools were unavoidable and triggered them to relapse in their gambling addictions, which caused them to lose money.

Could March Madness be a disability?
The National Council on Problem Gambling estimates that two million American adults are pathological gamblers and another four million to eight million qualify as “problem gamblers.” Given the expanded definition of “disability” under the Americans with Disabilities Act (ADA), those numbers should give employers a reason to pause and wonder if gambling addiction could be considered a disability.

The short answer is “no.” Congress expressly excluded compulsive gambling, along with kleptomania, pyromania, and various psychological disorders resulting from current drug use, from the ADA’s definition of “disability.” However, there is still room for concern. Employees who are addicted to gambling are more likely to borrow money from coworkers, be distracted from their work, and have attendance problems.

ADA Compliance : Practical Solutions for HR

Best offense is a good policy (defense)
Depending on the laws of the state, an organization that chooses to allow gambling at work should specifically define what is and isn’t acceptable in a policy. An organization that chooses to prohibit gambling at work should adopt a strong policy and stick to it. Here are several points to consider when writing a gambling policy:

  • Define gambling or the type of behavior that is restricted.
  • If gambling is illegal in the state, emphasize that point.
  • Communicate that gambling can be a problem for employee productivity and morale.
No Gambling At Work Policy

Once the policy is in place, it should be distributed to all employees and included in the company handbook. Only 10% of the Vault survey respondents said their employers had a policy on betting pools; 43% said there was no policy; 47% weren’t sure.

One participant’s response shows that even when employees know about the policy, gambling often still goes on, “It is not tolerated . . . so you have to do it secretly.” In that case, employers should be prepared to discipline all violators (at least one case taken to the federal level hinged on an employee’s claim that he was disciplined for gambling while others of different races were not). The gambling policy also should be coordinated with the organization’s discipline program, carving out specific behaviors that are subject to discipline and termination.

Game over
Allowing gambling at work — by virtue of not having a policy, not enforcing the policy, promoting gambling, or just ignoring it — leaves an organization open to hits from all sides. Therefore, if gambling at work isn’t banned altogether, it should be approached cautiously and thoughtfully.

Do your company and employees a favour. Create a healthier work environment by reducing undesirable temptations. Develop, implement, and enforce a comprehensive gambling policy.

Caution is not cowardly. Carelessness is not courage.

– Unknown source

Most companies prohibit poker and dice games, but what about hockey pools, lottery groups, and raffle tickets? These gambling activities also can harm an employee's productivity, financial health, and personal life.

A sound gambling policy is especially important for businesses that deal in large amounts of cash, are located near gambling venues, have flexible work schedules, frequently send employees away from home, or employ recovering gambling addicts.

No Gambling At Work Policy Template

Policy ConsiderationsBack to top
Policy

As you develop your company's gambling policy, consider the following:

  • Define the type of gambling behavior you want to restrict. Does it include card and dice games, lotteries, sports bets, raffles, and/or Internet gambling?
  • Remind employees that some types of gambling are illegal and addiction can lead to criminal behaviour. Over 60% of compulsive gamblers break the law to finance their gambling habits.
  • Explain that a person's gambling problems affect others, too. Being less productive places greater burdens on co-workers and harms everyone's morale. Families suffer, and friendships can be destroyed.
  • Provide employees with written copies of your company's gambling policy. Also supply gambling addiction literature to help prevent problems before they occur. The better your workers understand gambling, the more likely they are to act responsibly.
  • Offer problem gambling literature when employees leave your company. Most problem gamblers are unemployed, and many retirees gamble regularly.
  • Decide under what circumstances, and to what extent, your company will help employees recover from their gambling addictions. Will you give them a copy of our problem gambling recovery system? Help pay for some treatment costs? Provide sick leave?

No Gambling At Work Policy Texas

Sample PolicyBack to top

Here is a sample gambling policy you can use to create your own:

At XYZ Corp., we care about the physical, mental, and financial health of our employees.

We are sensitive to the serious problems that problem gambling causes for many people. These can include huge debts, family breakups, criminal activity, depression, and even suicide.

We hope to foster a healthy environment for people who could be in danger of developing gambling problems or are recovering from gambling addictions.

As a matter of policy, XYZ Corp. prohibits employee gambling: (1) at all places during work hours, and (2) on company premises at all times—including breaks. In other words, don't gamble when you should be working, and don't ever gamble on company property.

Gambling is the wagering of money or other valuables on the outcome of events. This includes, but is not limited to, card and dice games, sport pools, lotteries, raffles, and Internet gambling.

Violation of this policy can result in disciplinary action, up to and including discharge.

If you might have a gambling problem, please contact Human Resources for information and treatment assistance.

More ProtectionBack to top
No gambling at work policy texas

A well considered gambling policy is a good first step towards protecting everyone from the dangers of problem gambling.

Still, you cannot just forget about this issue after you distribute your policy. Here are some active measures you can take to protect your business.

No Gambling At Work Policy 2020

  • Keep a close watch on the movement of company money. Require dual signatures on supplier cheques.
  • Make a point of asking employees if they are facing difficulties related to gambling losses. Make it your concern as an employer.
  • Be sure different people input data and output payments.
  • Include a formal tendering protocol in your purchasing process to reduce the risk of paying bogus suppliers.
  • Block employee access to gambling web sites. Monitor new technologies.
  • Tell employees, supervisors, and management that access to gambling sites through work mobile devices is unacceptable.
  • Inform staff with key financial responsibilities that they must undergo regular 'screening' to identify signs of problem debts, such as court judgements.
  • What message does your choice of corporate entertainment send? Is gambling becoming part of your corporate culture? Is it contributing to the well being of your employees? Corporations increasingly are celebrating with gambling-related activities and awards. The costs of choosing these types of rewards often extend beyond the invoices.
  • Prominently display information and advice for employees who have gambling problems or think they might.
  • Employers should make it clear in their computer and Internet policies and disciplinary procedures that gambling at work is unacceptable and will be treated as a disciplinary matter.

No Gambling At Work Policy 2019

Full protection requires you to remain alert for employees who could have gambling problems. Learn how to spot workplace warning signs.