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FMG Law Blog Line

Holiday Office Parties: Serving Up Both Cheer … and Fear!

Posted on: December 3rd, 2019

By: Melissa Whitehead

There is no doubt that the Holiday Season is in full swing – and that means workplace holiday parties! While these festive events are great for increasing workplace camaraderie and celebrating achievements of the year, they are more well known for the high risk of inappropriate behavior. Somehow, companies that spend all year working to create a positive, healthy and respectful workplace find themselves on a Monday morning in December, calling counsel to ask for guidance in addressing some incident that happened at the office holiday party over the weekend. Here are some tips and things to think about, in hopes that your company can avoid making that dreaded call to counsel that begins with, “So, we had our office holiday party on Friday and…”

To Serve Alcohol or Not to Serve? Alcohol consumption at office parties creates a number of risks for the employer. First, if an employee consumes too much alcohol at the party and makes the poor choice to drive home and gets in an accident, the employer in many states (including California) can be found liable for any damage caused by that employee (including injury to others). Further, and more common, alcohol lowers inhibitions and can make employees feel more comfortable saying and doing things that they would otherwise never do or say in the workplace. This is why holiday parties are a common ground for #MeToo moments and similar issues.

That said, the reality is that most workplaces will serve alcohol at their office parties. Some tips for reducing the risks that come with serving alcohol include: (1) have a bartender or server serving drinks (as opposed to an open bar); (2)  enforce a 2-drink limit per attendee (e.g., drink tickets); (3) pay for transportation home from the party or overnight accommodations; and (4) designate an executive or HR professional to “cut off” attendees that appear over-served. It is also a good idea to send a notice to employees in advance of the party, reminding them that the company’s anti-discrimination, anti-harassment, and rules against hostile work environment are all still in full force and effect during the office party.

To Pay or Not to Pay? Another common question is whether employees must be paid for their time at the holiday party. This generally boils down to whether attendance is mandatory. If an employee is required to attend the party, in most states it will likely be considered “time worked” and subject to minimum wage and overtime rules. This issue can be addressed by holding the party during normal working hours and paying employees for their time as with any other workday. Alternatively, employers should make clear that attendance is optional.

Of course, this blog does not raise or address all risks that come with the workplace holiday party, but following these helpful tips will help you avoid becoming the next viral sensation of the holiday season! Happy holidays!

If you have any questions or would like more information, please contact Melissa Whitehead at [email protected].

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