DraftKings and FanDuel, the two largest DFS sites, claim that, since fantasy sports are based on the skill of the competing player, they are not gambling and general state gambling laws don't apply to them. Fantasy sports leagues are games of skill. Managers must consider a myriad of statistics, facts, and game theory to be competitive. There are thousands of websites, magazines and other similar publications that seek to synthesize the wealth of information available on fantasy sports to keep their readers informed and competitive.
A coach must know more than just depth charts and statistics to win; he must also consider injuries, training styles, weather patterns, prospects, home and away statistics and many other facts to be a successful fantasy sports coach. In the United States, in 45 states, generally speaking, the determination is whether there is more skill than luck in a contest. While this federal law only covers banking transactions and refers to state laws, it shows that the federal government has determined that fantasy sports structured as games of skill are not classified as gambling. A bill in the Florida Legislature aims to immunize fantasy sports, including “daily fantasy sports,” from the state's gambling laws.
Most likely, an employer will simply stay out of the universe of fantasy sports that pay to participate. While they legalize fantasy sports, some of these proposals include strict regulations and licensing requirements for fantasy sports operators. Over the past two decades, participation in sporting events has moved from the field of play to the computer screen. DFS participants can receive information about sports games, players, expected weather conditions and other factors.
In short, as long as your employees don't put money or other valuables at risk, their participation in fantasy sports is not a game of chance. Although Arizona has not adopted a ban per se, fantasy sports have generally been identified as illegal gambling. A DFS entry fee is a wager of money placed by the participant in respect of a sporting event or contest held with a person who is engaged in the business of accepting such bets (the operator of the DFS), as described in IRC § 4421 (A). Similarly, the New York Attorney General recently concluded that daily fantasy sports, that is, fantasy sports with “seasons of just one or two days or a weekend”, also constitute illegal gambling.
The state, which has banned virtually all forms of gambling, hasn't specifically focused on fantasy sports. Although paid fantasy sports are generally considered legal in most states, only two have passed laws that specifically legalize them. If in doubt, consult an attorney and research your state's laws before playing fantasy sports for money. In addition, the lack of a specific ban in most states does not mean that fantasy sports will not be considered illegal in the future.
We concluded that the “skill” involved in selecting fantasy players is similar to the skill involved in selecting the winners of individual professional sports games, horse racing, or other traditional sports betting activities. While online casino games, such as poker, are considered games of luck, fantasy sports, including everyday fantasy, are declared games of skill. Nevada, where gambling is generally legal, recently stated that daily fantasy sports are games of chance and are subject to state gambling regulations. .