Super Bowl Safeguards: Managing Workplace-Related Risks Before + After the Big Game

Takeaways

• Super Bowl celebration activities create multiple attendance, productivity and social behavioral challenges for workplaces before, during and after game day.
• Beyond needing to deal responsibly with the impact caused by millions of employees likely to miss work or show reduced productivity the Monday after the game, employers face legal and compliance risks related to office betting pools, solicitation policies and maintaining consistent enforcement — especially across remote or multistate workforces.
• Additional risks include potential harassment tied to team rivalries or commentary, along with cybersecurity concerns from unauthorized streaming or unapproved device use.

Article

The Super Bowl on Sunday, Feb. 8, 2026, is expected to be one of the most watched events in the world, potentially drawing an audience surpassing the previous year’s record of 127.7 million viewers. Although it brings excitement and shared cultural engagement, the Super Bowl also presents recurring challenges for employers.

From attendance issues and workplace distractions to sports betting, harassment concerns, and technology risks, the days surrounding the Super Bowl can expose organizations to legal and compliance pitfalls. With advance planning, employers can reduce risk while maintaining morale.

Attendance, Productivity, Workplace Distractions

Employee focus often wanes during the playoffs and in the days leading up to the Super Bowl. Common distractions include organizing office pools, making predictions, placing bets, or planning watch parties. A recent survey sponsored by the UKG Workplace Institute estimates that more than 16 million U.S. employees will miss work on the Monday following the Super Bowl, with millions more arriving late or working at reduced productivity levels. Managers are not immune to these tendencies.

At the same time, shared enthusiasm around major cultural events can foster camaraderie and improve morale. Employers may choose to channel that energy productively by permitting limited team-themed attire or hosting structured workplace events, such as a Super Bowl lunch or viewing gathering, where business needs allow.

Best practices include clearly communicating attendance expectations, enforcing policies uniformly, setting productivity standards in advance, and considering flexible scheduling or approved time off to reduce unscheduled absences.

Gambling, Office Pools

The Super Bowl is the largest betting event of the year in the United States. Industry forecasts estimate that more than $1.7 billion will be wagered legally on the 2026 game, with tens of millions of adults engaging in some form of betting, including informal Super Bowl squares. Despite growing legalization of sports betting, office pools remain subject to a patchwork of state gambling laws and federal statutes — particularly when employees participate from multiple states in remote or hybrid work environments.

Employers that sponsor or permit office pools may face legal and employee-relations risks, including inconsistent policy enforcement, religious accommodation concerns, or claims that employees felt pressured to participate.

If employers allow or sponsor pools, they should ensure participation is voluntary, entry fees are nominal or non-monetary, no organizer profits, and written rules clearly govern the activity.

Non-Solicitation, Non-Distribution Policy Consistency

Super Bowl pools and promotions also may implicate non-solicitation and non-distribution policies, especially in unionized or organizing-sensitive workplaces.

Allowing exceptions for Super Bowl-related solicitations can undermine future enforcement and expose employers to claims of inconsistent or discriminatory application of workplace rules. Allowing solicitations for office pools, raffles, or fantasy leagues during working time or through company systems can undermine these policies and weaken future enforcement efforts.

Recent National Labor Relations Board guidance emphasizes the importance of consistent and neutral enforcement of workplace rules. Employers should exercise caution when creating informal exceptions, as selective enforcement may later be characterized as discriminatory, retaliatory, or otherwise unlawful.

Harassment, Professional Conduct

Heated rivalries and commentary about players, halftime performances, or commercials can sometimes cross professional boundaries. Remarks touching on protected characteristics (such as race, national origin, religion, gender, or sexual orientation) may create exposure under anti-discrimination and anti-harassment laws.

Employers should reinforce expectations of professionalism and address inappropriate conduct promptly.

Technology, Cybersecurity Considerations

Unauthorized streaming of the Super Bowl at work can strain networks and violate acceptable use or information security policies. Employees accessing unapproved platforms or connecting personal devices may increase cybersecurity and data privacy risks.

Employers should ensure that technology policies are clearly articulated and enforced and that the human resources, information technology, and legal teams coordinate in advance.

Employer Takeaways

• Communicate attendance and productivity expectations clearly and in advance
• Enforce policies consistently and neutrally
• Evaluate risks associated with office pools and solicitation
• Reinforce professionalism and anti-harassment standards
• Address technology and cybersecurity risks proactively

For additional guidance, please contact a Jackson Lewis attorney.