Every company, and its employees, wants the annually holiday party to be a fun celebration. Employer get the opportunity to demonstrate their appreciation for their workforce and all their collective hard work. Employees need to be mindful that a company holiday party is a unique event, and while celebrating, maintain a professional demeaner. This balance can prove to be challenging to achieve, particularly when alcohol is involved, and inhibitions are lowered. Careful planning and some common sense are the best way to help keep everyone off of Santa’s naughty list.
- The Guest List
It is also important to make attendance voluntary; mandatory attendance could lead to wage and hour issues. As an employer, do not suggest that attendance will benefit a person’s standing within the company. Requiring employees to attend a holiday party could create obligations to pay employees for this time. In addition to pay, workers compensation and liability for third-party injuries may also be triggered if an employee is injured during work hours. If you invite employee spouses and guests, keep in mind that the company, and the employee, may be liable for the acts of the guests.
- The Dress
If you company has a dress code, be sure to include on your invitation if a different dress code exists for the party. Sometimes a nice holiday party can be compromised with inappropriate or suggestive attire. The dress code often sets the stage for how the party participants will conduct themselves at the party.
- The Location
The place, day of the week, and time of day for the holiday party can all affect party atmosphere, and behavior. A party at the workplace may remind employees to act professionally, but it might not feel like much of a reward. A party at an outside venue may feel more festive but can be more difficult to control.
- The Invitations
As you circulate the pre-party memo, keep in mind it is also a good vehicle to set expectations. Some employers may include in the memo a reminder that the same policies that apply during the normal workday apply at the work-sponsored holiday party, or specific reminders regarding inappropriate behavior. As noted above, it may be helpful to include a line in the invitation such as “we hope you can join us for this party, but attendance is not mandatory.”
- The Decorations
Be sure to create an inclusive, nondenominational party. Some people may feel uncomfortable attending if it is associated with a particular religion or practice. Doing so may open the company up to claims of discrimination. After all, the party should be a celebration of the people who work for the company and not about a particular holiday, religion, or ethnic interest.
- Transportation
If your budget allows, and alcohol is being served, consider offering reimbursement for the cost of a ride home. With the proliferation and ride services- from Uber to Lyft to regular taxi and car services- this can be an inexpensive option to keep employees safe. From a legal perspective, it is an easy way to reduce potential liability.
- The Menu
If alcohol or food is served at the holiday party, be mindful of dietary needs and disability considerations when planning. Failure to do so may open a company to claims of discrimination. Many employers have moved to a daytime event to overcome the challenges of serving alcohol. If alcohol is served, make sure you create an environment that doesn’t lend itself to over-drinking. Another option may serving only beer and wine and keeping liquor with high alcohol content off the menu. Consider when, and with what alcohol will be served: cutting off the bar at a certain time and having sufficient food available when alcohol is served. Also consider the expense of hiring a catering service that has the appropriate insurance and licensing and that can provide professional servers and bartenders who are trained to handle alcohol-related issues. This has the added benefit of making the party look a little fancier but can also protect employee from overindulgence and the company from Dram Shop laws.
- Santa’s Elves
Employees at all levels play a crucial role in the everyday operations of a company, and those responsibilities should not end during a company holiday party. Remind your key employees that anything they do or say that skirts professional norms may give rise to a claim of harassment. If you have particular employees that might be helpful, consider approaching them in advance and ask them to help you keep an eye and ear out for inappropriate conduct. Be sure to have a basic plan for how to appropriately intervene if needed.
Takeaway
As you make your holiday business plans, consider the legal implications of poor planning. An event designed to boost morale may become a source of problems for you and your employees. Need more specific advice in making holiday party plans? Contact CASHMAN LAW today for a free consultation to see how we might help you both protect yourself and still foster positive business relationships.
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