‘Tis the Season to Mitigate Liability: An Employer’s Checklist for Holiday Parties

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The holiday season is upon us, and with that comes every HR professional’s biggest cause of indigestion: workplace parties. While organizations throughout the country are preparing to hold their annual holiday celebrations, a tradition which may have required a brief hiatus during the previous two COVID-impacted years, employers may overlook some critical steps to ensure a safe, fun and hopefully liability-free celebration for their employees.

Therefore, while planning such events, employers may want to consider the following precautionary measures:

  • Limit and/or monitor the amount of alcohol served and consumed. Consider holding the event at a location that has a liquor license and/or hiring a professional bartender so alcohol is distributed by a professional who is trained to handle individuals when they consume more than a reasonable amount of alcohol. It is not advisable to allow employees to serve themselves because then there is no one monitoring their consumption.
  • Remind employees of the Company’s expectations in terms of proper behavior and provide specific examples. Review or issue policies relating to expectations at employer-sponsored functions. Such policies should provide that when alcohol is served, employees are expected to enjoy it responsibly and remain sober at all times.
  • Remind members of management to set a good example.
  • Review your insurance policy to confirm you have adequate coverage.
  • Remind employees that policies against discrimination and harassment continue to apply equally at all work-related events.
  • If applicable, remind employees to give work-appropriate gifts for any holiday exchanges.
  • Ensure holiday customs are work appropriate and avoid any, for example, that may give rise to sexually-charged scenarios, like hanging mistletoe.
  • Confirm that any vendors are appropriately licensed and insured to avoid injuries, for example, from contaminated foods.
  • Arrange for transportation to and from the event.
  • Consider holding the event after working hours and remind employees and contractors that attendance is voluntary.
  • Avoid sponsoring or attending after-parties.

An office holiday party can be one of the highlights of the year when steps are taken to minimize the risks associated with an employer hosting a company party.  Have fun, but proceed with caution!

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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