EMPLOYMENT LAW REPORT

Employment Advice

Should Employers Say No to Pokémon Go?

Take a walk soon and see everyone staring intently into their cell phones.  Are they looking for directions, reading e-mails or watching Netflix?  Probably not – chances are they are playing Pokémon Go.

Nintendo’s Pokémon Go is a downloadable game that immerses the player into an augmented reality. The app tracks the user’s location and creates a map of the surrounding area.  The user is guided to local landmarks known as “Pokestops” to acquire virtual tools for “capturing” Pokémon monsters who are overlaid on the screen.  The player then uses the phone’s mobile camera to navigate around the real-life surroundings tracking down the virtual creatures.  Points are earned and rankings increase as the player continues catching more and more characters.

High Tech Treasure Hunt

This high-tech treasure hunt is so popular that it has been downloaded by more than 15 million users since it arrived on July 6, and shares of Nintendo stock soared 56% in the first 2 weeks.

Pokémon is a Japanese anime world of fictional characters that captivated children and teens in the 1990’s.  That generation now makes up the majority of the American workforce so the allure of this new game is likely to generate significant workplace issues.  Simply stated, Millennials grew up in the Pokémon world and they are not going to be deterred from returning to it merely because they now might have to work for a living.

Indeed, almost one third of respondents to a recent Forbes poll indicated that they play the game for more than one hour at work each day, a potential productivity and quality issue if it occurs beyond lunch and authorized breaks.  Of course, distracted employees have been around since Fred Flintstone worked for Mr. Slate, and most employers presumably have well-established policies for dealing with this sort of thing.  Even so, the fact that so many people are already willing to admit their fascination with this brand new time-waster does not bode well for meeting production quotas in the near future

Pokémon Go…to the Hospital

Employees whose work requires them to drive pose a special hazard since Pokémon Go requires more extended periods of looking at the phone and therefore not at the road.  Rules prohibiting texting behind the wheel or requiring hands-free use of cell phones probably are not sufficient to deal with this new problem and should be beefed up to totally ban looking at a cell phone screen while the vehicle is in use.

Injuries resulting from distracted players can happen away from the highways as well.  In San Diego, it was reported that two men had to be rescued after falling over a cliff while playing the game.  It is certainly conceivable that distracted employees might wander in front of forklifts, tumble down staircases or ignore important safety rules in their quest for more Pokémon prey.

More Bad News

Even if employees stay safe, they may still get themselves into trouble.  Consider how it might look if one of your employees feels compelled to poke around a client’s office in search of Pokémon characters when they are supposed to be there for a meeting or sales pitch.  What if one of your people is arrested for trespass because they entered a secured premises to make another capture, or causes a confrontation because a property owner refuses to allow them access?

Image is important too – will customers at your store or visitors to your office be impressed by hordes of phone-staring zombies in company attire wandering around the premises?

Confidentiality concerns also come into play because so much of the game is built around the player’s mobile camera.  Players who take pictures of the Pokémon characters at work could then post their “trophies” on social media, thereby exposing company property, products and other confidential items to the public.  Co-workers may also become angry over such intrusions into their privacy, and one can only imagine the reaction of a client (or worse, a competitor) who finds one of your employees wandering their premises after hours with their camera out.

What to Do?

Figuring out how to address these concerns might create a sense of déjà vu for the days when employers sought to ban e-mail and the internet from the workplace.  Banning Pokémon Go is certainly one method for insuring that it does not create business troubles but really, it’s not the game that causes the problem; it’s the employee’s obsession with it.  Banning the actual game does not address the true harm that arises out of preoccupation, and employees can become fixated on texting, fantasy sports and the millions of other distractions available in the cyber world.  Therefore, employers should also focus on reminding their employees about policies that have been in place for some time and must be observed, such as:

–  Policies requiring employees to refrain from engaging in personal matters during working time;

–  Policies prohibiting various forms of distracted driving;

–  Polices prohibiting photography at work (except for legitimate business reasons);

–  Polices requiring adherence to safety rules;

–  Policies regarding appropriate interactions with clients and customers; and

–  Policies prohibiting the disclosure of confidential information.

Bottom Line

Pokémon Go  could be just a craze, but there are already new options and add-ons available, and second generations of the game are in the works.  Knock-offs from other companies are bound to appear as well so if its a craze, it may be an extended one.

Employers can try to stem the tide or figure out how to swim along with it.  Many employers have imposed an outright ban but there are also reports of companies organizing mass Pokémon Go outings during meal breaks, after work or during office parties.  An effective answer to adapting to this newest challenge may be the biggest treasure of them all.