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The Super Bowl takes place on Sunday, February 11, 2024, in Las Vegas. The game brings some employment law concerns and highlights lessons employers can learn from the National Football League (NFL) season.  

Workplace Attendance  

The Super Bowl may result in attendance issues on game day and the following Monday.  

In the days leading up to the Super Bowl, some employees scheduled to work on Sunday may ask for the day off, planning to attend a party or otherwise watch the game. If an employee claims a religious accommodation to working on Sundays, it is important to keep in mind Title VII of the Civil Rights Act of 1964, which is often mirrored by state law. Title VII requires employers to accommodate an employee's sincerely held religious beliefs or practices unless the accommodation would impose an undue hardship. If an employee makes a request, employers must engage in the interactive process. Attorneys at Employers Council can walk employers through the process.  

To avoid understaffing on game day, employers may consider asking for volunteers to work instead of assigning shifts or they may want to otherwise incentivize employees to come to work. 

In something of a phenomenon, each year, millions of employees miss work the Monday after the Super Bowl. An estimated 14.5 million U.S. adults admit they have called in sick that Monday when, in fact, they were not ill, according to new research by The Harris Poll on behalf of the UKG Workforce Institute. Of course, like other large gatherings, Super Bowl parties have the potential to actually spread illnesses, which may result in sick employees.   

For employers with employees in states with paid sick leave laws, employees using protected sick time generally cannot be asked to provide a doctor’s note for one day of leave.  

Super Bowl Betting 

Employers should be aware that social betting, which includes office betting games for money, like betting squares or office pools, may be regulated or prohibited by state law. In Colorado and Arizona, social gambling is allowed as long as all participants have a “bona fide social relationship” and the organizer does not take a cut. However, in other states, including Utah, Wyoming, and Idaho, laws are much stricter, and, in some cases, sports betting is illegal.  

Even in states where social gambling is legal, betting games initiated by employees can create issues when employees feel pressured to participate. To prevent this situation, employers can sponsor non-monetary and fully voluntary games or betting pools.  

Employers should also be aware that sports betting online can expose company software to malware or other security issues. Employers may want to remind employees that gambling on company equipment is prohibited.  

Sports Fandom Not a Protected Class (But Proceed with Caution)   

Title VII and state equivalents prohibit discrimination based on many factors, but social, political, or personal preferences, like a sports team, are not protected beliefs.  

Still, if employers plan on relaxing the dress code for employees to show team spirit or prohibit employers from engaging in disruptive conduct, standards should be applied consistently to both sides. And while being a Chiefs or 49ers fan is not a protected class, employees who feel targeted can still try to file claims, which may be a headache to defend.  

NFL Lessons for Employers  

While the Super Bowl marks the end of the NFL’s playoffs, the regular season also had unique circumstances that employers can learn from.  

The NFL (“Taylor’s Version”)  

Pop star Taylor Swift’s presence at Kansas City Chiefs games in support of boyfriend and Chiefs tight end Travis Kelce brought a new audience to the NFL: Swifties. In addition to increasing viewership, Swift is estimated to have increased revenue for the Chiefs and the NFL by about $330 million.  

Depending on who is asked, Swift is either shown too much or not enough. In fact, there’s a huge discrepancy between how much viewers think she is shown versus the reality of when she is on the screen. In a three-hour game, Swift is shown for less than 25 seconds, according to a New York Times article.  

For employers, this demonstrates that minor annoyances or changes can come with growing pains and complaints, sometimes not proportional to the reality of the impact. When implementing changes, Employers Council HR consultants can assist.   

Quarterbacks and Pay Disparity 

Patrick Mahomes, quarterback for the Chiefs, makes $38 million more per season than 49ers quarterback Brock Purdy. Purdy, the final pick of the 2022 NFL draft, which came with the label “Mr. Irrelevant,” makes $870,000 annually, a salary lower than every quarterback he beat this season. While Mahomes could receive a bonus of over a million dollars if the Chiefs win on Sunday, a win for Purdy only comes with an additional $164,000. Purdy’s pay is high for the average American worker, but it’s incredibly low for a Super Bowl starting quarterback.  

There are reasons for the disparity that do not impact most of our members, including where each player was taken in the NFL draft and players’ union rules. Still, there are some important takeaways. First, employees can surprise employers with their performance and may exceed expectations in the right environment, with the right support and team. Second, employees should be paid for their performance, in an appropriate range for their position, and given recognition when accomplishing goals.  

Employers Council offers survey data to help you understand the right pay range for your employees. Contact us if you have any questions or need help creating a compensation program.