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As March Madness gets underway across the country, many employers — big and small — can begin to see just how much madness it can cause in the workplace. Bert Brannen, with Fishers & Phillips, a national labor and employment law firm, says there are a number of issues employers should remain aware of, and cautions that an opportunity to cultivate camaraderie among employees could quickly backfire as a culture of bracketology balloons in the workplace.

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The perils of office pool politics

Popularity and cliquish behavior can quickly escalate when March Madness begins. When the competition and bracket strategies get underway, some employees may feel left out or discriminated against, Brannen says. Some workers may not be able to afford an entry fee or the organizers may decide to exclude some people for whatever reason. “At best, employees have hurt feelings,” Brannen adds, “at worse, they accuse their employer of discrimination.”

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Risk to union-free workplaces

Allowing employees to set up gambling pools counts as solicitation, Brannen warns, and according to rules from the National Labor Relations Board, solicitation policies need to be enforced uniformly. “If you let employees solicit for brackets in the workplace, you also may have to let them solicit for a union.”

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Big money, bad feelings

Some pools over the years have swelled into the thousands of dollars, and when that much money is at stake, tensions can rise quickly in the workplace. “In fact,” Brannen says, “employers have historically banned gambling because it led to fights, not because it’s illegal.”

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Spike in social media activity sparks badmouthing

With close to a quarter of a million people following the March Madness Twitter feed, spikes in social media activity can lead to the risks of employees taunting their supervisors. This all comes at a time when the NLRB is expanding oversight into the area of social media … usually siding with employees, Brannen warns.

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Gambling is illegal

Plain and simple. “No employer wants to condone illegal activity,” Brannen says. “It’s simply not worth the risk, no matter how small.”

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Nip it in the bud

To limit these problems, Brannen offers a few quick suggestions for employers to consider over the next couple of weeks:

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Prohibit

Ban employees from using work computers to engage in March Madness activity.

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Define

Limit March Madness-related activity to non-work time during breaks, lunch and in the parking lot.

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Restrict

Restrict supervisors from participating in office pools.

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Apply

Enforce no-solicitation and no-gambling policies throughout the company.

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