More Topics:
Fisher & Phillips Helps Employers Handle Super Bowl Hoopla
Posted January 30, 2012
We Recommend...
DALLAS - Are you ready for some football...and the office-related problems that may come with it? With the Super Bowl fast approaching, it's a good bet (no pun intended) that many of your employees will not only be talking about the upcoming game, but may also be betting on its outcome.
As the game of the year draws near, employers should be aware of potential pitfalls that may accompany football's biggest holiday.
Workplaces May Be Gambling When it Comes to Office Pools
Super Bowl office pools have become a popular way for co-workers to bond, build camaraderie, and maintain morale. But are employers unwittingly subjecting themselves to potential legal liabilities if they allow employee betting pools to take place in the office?
"It depends," says Michael Abcarian, managing partner of the Dallas office of labor and employment law firm Fisher & Phillips. "Betting pools can involve risk of violating various laws. Some employers are willing to take the risk, however. But if an employer does, it should ensure that managers and supervisors are not coordinating office betting pools, soliciting employee participation in them, or otherwise creating the appearance of employer sponsorship. It's also wise to limit employee participation in such activities to non-working time, such as during meal and break periods."
Mondays' Super Bowl Hangover
In 2010, 1.5 million Americans didn't show up for work on the Monday after the big game, and an estimated 4.4 million showed up late. For employers that are more focused on the bottom line than the final score, this increased absenteeism may translate into a significant loss of productivity.
As Abcarian notes, "While employers may have a right to ask for a doctor's note from employees who call in sick, a better approach is for supervisors to review attendance policies and sick day procedures with employees before the big game. That way, the consequences of a missed work day will have been made clear in advance to everyone."
Fired Over Attire
Games with the caché of the Super Bowl sometimes elicit emotions from fans that lead to questionable judgments. Last year, a Chicago car salesman was famously fired for wearing a Green Bay Packers necktie to work following the Chicago Bears' loss in the Super Bowl. While many observers cried foul, the dealership manager acted within the law when he fired the salesman.
"While it's illegal to fire an employee because of characteristics like race, gender, religion, age, or other legally-protected traits, if you work in a state that endorses the employment at-will doctrine and you do not have a contract guaranteeing the length or conditions of employment, you can be lawfully be fired under circumstances that may seem petty or illogical," says Abcarian. "It may have been better for everyone involved in that Packer's necktie situation to have exercised more common sense, and kept football team loyalties out of the job calculus."
About Fisher & Phillips LLP (www.laborlawyers.com)
Fisher & Phillips LLP represents employers nationally in labor, employment, civil rights, employee benefits and immigration matters. The firm has 270 attorneys in 27 offices. Founded in 1943, it is one of the first U.S. law firms to concentrate its practice exclusively upon representation of employers in labor and employment matters. In addition to Boston and Memphis, the firm has offices in Atlanta, Charlotte, Chicago, Cleveland, Columbia, Dallas, Denver, Fort Lauderdale, Houston, Irvine, Kansas City, Las Vegas, Los Angeles, Louisville, New Jersey, New Orleans, Orlando, Philadelphia, Phoenix, Portland, ME, Portland, OR, San Diego, San Francisco, Tampa, and Washington D.C.
blog comments powered by