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Super Bowl LX is almost here, with the final matchup set in the Bay Area on February 8 between the Seattle Seahawks and the New England Patriots. Each year, more than 120 million viewers tune in, making it the most-watched television event in the United States. Some are season-long fans, and others tune in for the commercials. But the game's impact extends beyond Sunday night.
Now, your company's chief financial officer may be concerned about lost revenue and worker productivity. And the company's lawyers and perhaps a few human resources professionals may be concerned about the unintended consequences of the big event. In many organizations, these roles act as the "Guardians of Workplace Efficiency," weighing every decision against its impact on operations and risk.
Surveys show that millions of employees miss work, arrive late, get less work completed, or take unplanned time off the Monday after the Super Bowl—an occurrence often referred to by the no-fun-crew as "Super Sick Monday." Late-night party prep, watch parties, laughter, excitement, travel, and large-scale events can all contribute to workplace "disruptions."
Luckily, the Guardians of Workplace Efficiency have a playbook to help employers navigate Super Bowl festivities with consistency, clarity, and minimal disruption.
Pragmatic Advice
In a real sense, the Super Bowl has become an unofficial nationwide holiday.
- First, for employers, the real Super Bowl risks include unequal treatment based on protected categories (such as who is included in Super Bowl activities or how discipline is applied), harassment claims, and injuries to employees or others. Are you giving employees a pass for this unofficial holiday but you're a stickler elsewhere? Are you treating employees in various protected categories differently?
- Second, if employees drink alcohol at work, it poses obvious risks.
- Third, yes, most states have laws that prohibit "gambling" – even social gambling like Super Bowl prop bets.
On the last point, in more than 30 years of employment law practice, I've never encountered—or heard of—an employer being targeted by an Attorney General, District Attorney, or similar authority over a small Super Bowl or sports pool.
The best advice is to balance this great American cultural event with a workplace culture that allows employees to bond, while accounting for legal, human resources, and financial risks.
Flexible Schedules: Set Expectations Early
As with any other day, if permitted by policy, employees may seek flexible hours, remote work, or early departures around Super Bowl Sunday. Employees cannot, however, assume that flexibility is available.
If your company permits schedule adjustments, treat the days adjacent to the Super Bowl like other days off. If you have employees who work on Sundays, ask them to plan in advance, use available time off, be honest with the company about why they're out, and provide advance notice. This helps ensure expectations are understood and applied consistently.
If flexibility is not available, be clear about it. Clear guidance reduces confusion and helps managers respond to requests consistently.
Office Watch Parties, Pools, and Team Activities: Proceed Thoughtfully
Workplace events tied to the Super Bowl can support engagement, but they also require careful consideration of the risks.
For employer-sponsored watch parties or team gatherings, best practices include:
- Making participation voluntary
- Clearly communicating alcohol-related policies
- Avoiding activities that could create discomfort or exclusion
Office pools are fun. Yet, while Super Bowl "bets" may seem like good fun, technically they're illegal in many states – including California, Texas, Washington, and Idaho. These states have laws that restrict or prohibit "social" betting in the workplace.
But should lawyers and human resources be overly concerned about workplace betting?
First, use some common sense, e.g., voluntary means voluntary, don't have supervisors run the pools, don't take a cut or administrative fee, keep entry fees and bets small. While office sports bets and pools may be illegal in many states, we're not aware of employer-targeted crackdowns on small-stake office betting.
Safety Considerations: Planning for the Monday After
Super Bowl Sunday is associated with increased impaired-driving risk nationwide. Traffic safety data shows alcohol involvement in a significant share of serious crashes on Super Bowl Sunday, and law enforcement agencies routinely increase DUI enforcement during Super Bowl weekend. Even if no one is injured, an employee facing a DUI charge is likely to miss work and may lose critical department of motor vehicle driving privileges that are important, or required, for work.
For employers, the implications are practical rather than theoretical. For an employer-sponsored event, this can create tort liability. For a non-employer event, late travel and celebrations can contribute to higher rates of absenteeism, tardiness, or safety-related issues the following workday. Reinforcing attendance expectations and safety reminders in advance can help mitigate these risks.
Workplace Conduct and Social Media
The Super Bowl often sparks spirited debate and strong opinions, which can extend into the workplace and on social media.
A timely reminder about workplace conduct and social media guidelines—particularly for employees who represent the organization publicly—can help prevent issues from carrying over into the workweek. That said, "Seahawks Fan" and "Patriots Fan" are not protected categories under state or federal law.
Attendance and PTO: Consistency Matters
Post-event fatigue is common, but attendance policies still apply.
Encouraging employees to request PTO or remote work in advance allows employers to plan accordingly and helps ensure policies are enforced consistently. Fair and uniform application of attendance rules reduces misunderstandings and supports workplace morale.
The Advantage of Preparation
Super Bowl week doesn't require new policies. Instead, it presents an opportunity to review existing guidelines and to clearly communicate expectations.
Final Whistle
Be pragmatic. Turning over Super Bowl fun to the legal, finance, and human resources team might warrant a 15-yard company-culture penalty. Still, preparation shouldn't be ignored.
Employers who recognize the importance of major cultural events while setting clear, consistent expectations are better positioned to avoid unnecessary issues. With thoughtful planning and proactive communication, Super Bowl week can pass smoothly—on and off the field.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
