Using Your Legal Plan

Are Office Pools Legal? What to Know

In Trouble with the Law

3-minute read

Office pools – especially during big sporting events – can be a fun way to build camaraderie at work. But before you join or organize one, it’s important to understand the legal and workplace risks involved. 

Are office pools considered gambling? 

In many cases, office pools are considered gambling. They typically involve paying money to enter, competing based on game outcomes and awarding a prize to the winner. Because of this, they may be considered a form of gambling – depending on how they’re structured or where they live. 

Gambling laws vary by state

Sports betting laws have changed significantly in recent years, and legality now depends on state laws. 

In addition, many states have laws that prohibit gambling, with exceptions that may include casinos, state lotteries and horse racing. Some states allow recreational betting up to a certain dollar amount as long as the participants are within the same state and the organizer does not take a cut of the money. In states that allow social gambling, the participants must have an established social interest outside of gambling.

But the issue may get stickier if people from multiple states are placing bets or if people are wagering large amounts of money. These behaviors may draw scrutiny from regulators and put you at greater risk of prosecution. 

Consider potential employer concerns with office pools

Before you take the plunge in the office betting pool, review your office policies to make sure you won’t suffer adverse employment consequences if you make place bets with your coworkers. Even if an office pool is legal where you live, your employer may prohibit it. 

To avoid getting in trouble with human resources, you should familiarize yourself with your company’s policies before you create an office pool or tournament bracket.

Although office pools can deliver a boost in team morale to the workplace, companies can have a number of legitimate concerns:

  • Liability. In some states, office pools are considered illegal gambling. Therefore, allowing employees to participate could potentially subject the employer to legal action and serious penalties.
  • Productivity. Although sports betting or team excitement may boost employee morale, it can lead to a drop in worker productivity.
  • Use of company resources. Workplaces generally frown on their employees using company resources for non-work activities.
  • Non-participants. Sports are a popular pastime for many Americans, but not everyone is a fan. Further, many Americans are opposed to gambling. Allowing recreational gambling in the workplace may cause some employees to feel uncomfortable and file complaints.

You should be particularly careful if you intend to organize an office pool, as your employer may have polices against workplace gambling. This policy could include guidelines that help determine:

  • Whether gambling of any type is allowed in the office.
  • How to get HR approval for gambling activities.
  • Any limits or restrictions on what type of company equipment can and cannot be used to engage in the gambling activity.
  • A complaint reporting procedure.
  • Types of discipline that may be expected for employees who violate the company’s workplace gambling policy.

Review your company’s policies on workplace gambling. To reduce the risk of getting in trouble, consult with your boss or your HR department before inviting your coworkers to create a basketball bracket. One alternative is to limit conversations about the NCAA tournament to off-work hours and lunch breaks.

Alternative ways to participate

If you want to enjoy the competition without legal or workplace concerns, consider alternatives: 

  • Free-to-play brackets with no cash prizes
  • Non-monetary rewards, like lunch, recognition or charity donations 
  • Friendly competitions with no buy-in 

These options can still create engagement without the potential legal risks.

Make an informed decision

Office pools can be fun, but they’re not always risk-free. Understanding the legal landscape and your workplace policies can help you decide whether participation is worth it.