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March 20, 2025
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As winter turns to spring, the NCAA men’s and women’s college basketball tournaments are in full swing. March Madness is often viewed as an excellent way to build team spirit in the workplace — a little friendly competition never hurts anyone … right?  

Impact on Workplace Productivity 

There is a stigma that March Madness detrimentally impacts productivity in the workplace. Because games are played during the workday, employees attempt to “multitask” by balancing their screen time for both basketball and work. This behavior is obviously not encouraged but may pose difficulty for employers to track or manage during this season, especially because most employees are within arm’s length of a personal cell phone during the workday. Employees may also be more likely to request time off. Employers should continue to enforce their workplace policies regarding electronics and time off during this time.  

Embracing March Madness for Team Building 

There is no simple solution to avoid taking a hit to productivity. Instead, many employers lean into March Madness in the workplace to at least create camaraderie and boost morale amongst employees during this time. Employers may consider having designated approved zones and times for watching the games during normal work hours so long as employees are able to still get their work completed. Examples of this would be workplace lunches or “happy hours.” 

While employers may not be able to control productivity challenges completely, they can control their own legal risks that may occur due to “office pools” in the workplace.  

Sports Betting Laws and Office Pools 

Sports betting is a highly regulated activity — The Professional and Amateur Sports Protection Act of 1992, the Interstate Wire Act of 1961, and the Unlawful Internet Gambling Enforcement Act of 2006 outlaw betting on professional or amateur sports. However, most states allow sports betting in some form. For example, in Pennsylvania, sports betting is permitted through authorized sports wagering outlets for individuals aged 21 or older. In fact, Pennsylvania law permits volunteer organizations and clubs with small games of chance licenses to offer sports betting pools; if the entry fee is $20 or less, there are no more than 100 participants, and all proceeds are awarded to the contestants.  

Most employers are not authorized to conduct gambling under these laws. In fact, it is a first-degree misdemeanor to engage in unauthorized sports wagering, and the second offense is a second-degree felony, each carrying hefty fines. However, law enforcement has not historically enforced anti-gambling laws for office pools.  

State Laws and Anti-Gambling Policies 

Employers should pay attention to their state law regarding sports gambling as the implications may largely differ from state to state. If a workplace has an anti-gambling policy, employers should enforce it like any other policy.  

Non-Monetary Alternatives for Office Pools 

Ultimately, the decision to permit office pools in the workplace is one based on risk tolerance. While increased camaraderie and morale are not guaranteed, if an employer feels strongly about permitting these office pools for that reason, employers may also want to consider alternatives to traditional sports gambling. Instead of money, office pools could incorporate a non-monetary prize – a donation to the charity of the employee’s choice, lunch with the CEO, or a chance to choose the next company outing. 

Preventing Discrimination and Ensuring Respect 

To the extent an employer permits March Madness viewing or office pools, employers should ensure employees behave civilly and prevent potential alienation or harassment of employees with gambling addictions or who may oppose gambling for religious reasons. Reminding employees of sexual harassment and discrimination policies is always a good practice. 

Employers with questions about legal issues related to March Madness in the workplace can contact the McNees Labor and Employment Group.