No Gambling At Work Policy

In decades past, gambling used to be a crime almost everywhere other than Las Vegas, Nevada and Atlantic City, New Jersey. Today, more and more states have legalized various types of gambling, ranging from Indian casinos to poker rooms and horse racing tracks. While some states have legalized certain types of gambling, other types of gambling are still illegal. All states have laws that prohibit at least some type of gambling.

Gambling is sometimes referred to as “gaming.” Depending on the language of state laws, gambling and gaming can mean different things or the two terms can be used synonymously. “Gaming” typically refers to playing games for wagers, such as craps, card games, slot machines, and roulette. “Gambling” may refer to these same types of games, but it also includes other types of activity such as sports wagers.

Gambling Policy Alma College does not allow gambling on the campus. Gambling is defined as any activity that meets all three of the following criteria: Participants. Policy Examples in Doc; Customer Service Policy Examples; The telecommuter can basically work anywhere aside from the comfort of their homes, such as coffee shops and libraries, as long as he or she has the access to the internet, he or she has a phone, web cameras and instant messaging that enables him or her to become a telecommuter, hence the term “telecommuting” because the. XYZ Corporation, Inc. (the Company) intends to help provide a gambling-free work environment for our clients and our employees. The Company believes gambling during work time or using work-related resources to gamble is not an appropriate use of work time (including e-mail, phone, internet, etc.). Employers should consider establishing a written policy addressing workplace gambling, which defines the prohibited conduct and what disciplinary steps may be taken against employees who violate the policy. Even if online gaming is legal in a given state, an employer has the right to circumscribe the conduct in the workplace.

Gambling is defined in numerous ways, but requires betting or wagering on an outcome that is at least partially based on chance, and done so in order to win something. Illegal gambling is any type of gambling that is specifically prohibited by state law.

Gambling Involves a Bet

While most instances of gambling occur when someone bets money, courts have ruled that gambling can occur whenever a bet is made using anything of value. The item of value is sometimes known as “consideration,” and can encompass anything that has any worth. The amount of the bet doesn't matter, and as long as the property that's at stake in the game is worth some value, the game is gambling.

'Games of Chance'

State gambling laws outlaw games, bets, or wagers that are at least partially dependent on some element of chance. If a game or competition that gives prizes to winners is based on skill, such as a car race or a shooting competition, it is not considered gambling. (However, other laws or restrictions may apply in order to make such competitions legal.)

What differentiates a game of skill from a game of chance is usually determined by which of the two elements has the greatest impact on the outcome. If chance is the biggest factor, the game is one of chance, and making bets or wagers on such games is gambling. Courts have ruled that in games that involve both skill and chance, and where a small group of skilled experts routinely win, this does not necessarily make the game one of skill. In determining what defines a game of skill or chance, courts often judge the game on the average player. If the average player's chances are dominated by chance, the law considers it a game of chance.

A Chance of Winning

If you don't have any chance of winning something of value, you're not gambling. Gambling requires that there is a chance you might win something for your bet, whether it's money, property, or even more chances to play. Further, courts have ruled that you personally don't need to have placed any wager to be convicted of gambling. As long as a group of people have a chance to win something and at least some of them have made a wager, you can be convicted of gambling if you are part of the group and stand a chance at winning.

Prohibition Against Making a Profit

Those who win at gambling have obviously made some money. But aside from the players, what about the businesses who run or operate the gambling game or establishment?

Some state laws specifically allow for 'social gambling' while prohibiting gambling as a business. Business gambling occurs when a person or organization operates a gambling hall that collects fees or takes a portion of the amount the players bet. For example, a person who holds a 'casino night' party and charges an entry fee is engaged in an illegal activity in a state that prohibits business gambling or gambling for profit. So-called “social gambling,” where the players are all equals an no one is collecting fees or making a profit apart from the outcome of the game -- such as in a home poker game -- is often not considered illegal. However, even social gaming is illegal in some states.

Penalties

While all states criminalize gambling to some extent, they also have vastly different penalties associated with gambling crimes. The type of penalty someone faces after being convicted of illegal gambling largely depends upon the state and the circumstances of case, though sentences typically involve many of the same types of penalties. Gambling can be classified as either a misdemeanor offense or a felony, depending on the situation and state law.

Jail or Prison

Anyone convicted of misdemeanor gambling faces up to a year in a county or local jail, though state laws differ widely. Some states impose small maximum jail sentences for misdemeanor gambling, such as 20 days in jail. Felony convictions, on the other hand, can bring a year or more in prison, and sometimes as much as 10 years, especially where organized, professional gambling is present.

Fines

Misdemeanor fines for gambling are quite common, and range from a few hundred dollars up to $1,000 or more. Felony gambling fines can be significant, sometimes as much as $20,000 or more. Fines can be separate from, or in addition to, jail or prison sentences.

Probation

Instead of, or in addition to jail time and fines, courts can impose probation sentences for gambling convictions. These probation periods usually last 12 months or more. When a court orders probation it tells you to do (or not do) certain things. For example, the court may order you to stop gambling or to participate in a gambling addiction treatment program. You'll also probably have to report to a probation officer and stay out of trouble with the law. If you don't live up to the probation conditions, the court can revoke your probation and send you to serve the original jail or prison sentence.

Speak to a Lawyer

Illegal gambling charges can impose significant penalties and can have a serious impact on your life, even if you aren't convicted. Anyone charged with a gambling crime needs to speak to a local criminal defense lawyer at the first opportunity. A good defense attorney will know the gambling laws in your state and have experience with the local prosecutors, judges, and court system. It's always in your best interests to speak to a local criminal defense attorney anytime you are charged with a gambling crime.

This increase in the availability and accessibility of online gambling means gambling in the workplace, and during working hours, is now more possible than ever. This phenomenon is making businesses more vulnerable to issues arising from gambling.

Do your employees gamble at work?

If this question has not occurred to you it probably should according to experts who are concerned about the impact changes in the gambling environment could be having on your workplace.

Experts say with today's smart phones and tablets, punters can bet 24 hours a day, 7 days a week, from home, 'on the go' and yes, even from work.

And with an estimated one in 100 employees likely to have a gambling problem there is no room for any employer to assume it can't happen to them.

Why should this matter to HR practitioners?

Most of the time gambling is a harmless recreational activity and most workplaces organise social gambling activities like footy tipping and Melbourne Cup sweeps but the changing face of gambling can mean it's becoming more of an issue for workplaces.

Today, employees might be using workplace computers, or company provided tablets and smart phones to gamble.

Whether an employer knows employees are gambling, or even sanctions it, may be a moot point but it might also form the basis for legal action against an employer according to a senior associate in workplace law.

Joel Zyngier, a senior associate with Holding Redlich specialising in workplace law says employers should assume gambling is taking place in their workplace, and take steps to avoid it becoming a problem.

How can out of control gambling affect a workplace?

There are three ways out of control gambling can have an impact on the workplace including: reducing productivity, increasing absence, theft and fraud.

For example:

• An employee who gambles during working hours, using their smart phone to place bets or play online poker, is not focused on work and is not using work time effectively.
• An employee who develops a gambling problem and gambles outside of work hours, for instance on the pokies, may be absent from work more often, taking extended lunch breaks to gamble or even missing parts of or full work days.
• An employee who has a problem with gambling and has access to company finances, may abuse their position in the workplace to fund their gambling addiction. Importantly, those who have done this and been caught are often found to have behaved completely out of character but a study of major court cases between 20082010 identified over $77 million lost, with employers the biggest victims of gambling related crime.

No Gambling At Work Policy 2020

What can employers do?

Every employer in Victoria has a duty of care under the Occupational Health and Safety Act to provide and maintain a working environment that is safe and without risks to health – both physical and psychological health. But what does this mean in the context of gambling?

According to the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, a gambling disorder is a behavioural addiction which can result in psychological harm. This psychological harm represents a health and safety risk to employees, creating an obligation on employers to address gambling in the workplace.

To fulfil their duty of care, an employer should eliminate or reduce the likelihood of problem or risky gambling at work, as much as possible.

It makes sense to protect the workplace and the employer against potential legal action, as well as to protect the workplace and employees against the negative impacts outlined above.

Four things HR practitioners can do to reduce the impact of gambling at work?

When addressing gambling in the workplace, HR practitioners can

1. Assess the risk. For example, use of workplace computers and digital devices for gambling.
   
2. Adopt a preventative approach by distributing responsible gambling information to all employees.
   
3. Communicate with employees about responsible gambling and provide information about help and support options available.
   
4. Adopt a workplace policy on gambling. This policy should outline what is considered acceptable in the workplace for example: permitting social gambling activities like footy tipping but prohibiting the use of workplace equipment to access online gambling sites.
   

No Gambling Policy At Work

The policy may be similar to those already developed for the use of drugs and alcohol in the workplace and should be informed by the particular circumstances of each individual workplace.