5 Legal Tips for a Safe and Happy Holiday Office Party
'Tis the season for potential liability arising from a company tradition—the annual holiday bash.
December 14, 2017 at 05:06 PM
7 minute read
As thousands of companies rev up their holiday office party engines, a few wise men (and women) are offering words of advice to employers, especially in two extremely sensitive problem areas—alcohol abuse and sexual harassment.
Here are five key tips from lawyers around the country on how general counsel can help make their office parties legally safer and their holidays happier.
1. Make sure attendance is voluntary. This tip was on top of the list for Daniel Stern, a member of Dykema Cox Smith law firm in San Antonio. “If it's [attendance] required, then it is compensable time,” Stern warned. “And at times employees have argued to be paid even if there was only a strong implication to be there.”
2. Don't let anyone drive home drunk. First, the party shouldn't serve anyone who seems inebriated already, said Eric Meyer, a partner at Dilworth Paxson in Philadelphia. “Consider having a cash bar or using drink tickets to limit the alcohol consumption,” Meyer suggested. “And if anyone does appear inebriated, offer cab vouchers or call an Uber and pay for it.”
This tip is even more important because, according to guidance from the Small Business Legal Center at the National Federation of Independent Business, an increasing number of states are requiring employers “to exercise reasonable care to prevent injuries by intoxicated employees leaving holiday parties.”
3 . Keep sexual harassment policies in force. In a recent blog, Scott Blake and Dennis Merley, both employment attorneys at Felhaber Larson in Minneapolis, wrote that employers should remind everyone that company policies remain in effect at the party, even if it's not in the office.
“In addition, be on the lookout for behavior that might violate the policy (get rid of the mistletoe),” they warned, and tell everyone that the any gifts “must be respectful and appropriate for a business environment.” Warn employees against any sexually oriented gifts, they said, and also to be sensitive to cultural or religious perspectives related to gifts.
“Finally, do not plan games or activities that might devolve into something too personal or sexual,” they wrote. Twister, anyone?
4. Call it a holiday party. “Yes, it is the Christmas season,” Meyer said, but there should be no references to religion or Jesus at an office party. “Of course you can talk about peace and joy generally,” he added.
5. Be safe. If someone suffers an injury during an office party, it could be considered a work function and the company could be liable, according to an article by HG.org Legal Resources. Laws vary by state, “but in a majority of instances, the party may actually be considered a work function if officially sanctioned and/or sponsored by the employer,” the article said.
As thousands of companies rev up their holiday office party engines, a few wise men (and women) are offering words of advice to employers, especially in two extremely sensitive problem areas—alcohol abuse and sexual harassment.
Here are five key tips from lawyers around the country on how general counsel can help make their office parties legally safer and their holidays happier.
1. Make sure attendance is voluntary. This tip was on top of the list for Daniel Stern, a member of
2. Don't let anyone drive home drunk. First, the party shouldn't serve anyone who seems inebriated already, said Eric Meyer, a partner at
This tip is even more important because, according to guidance from the Small Business Legal Center at the National Federation of Independent Business, an increasing number of states are requiring employers “to exercise reasonable care to prevent injuries by intoxicated employees leaving holiday parties.”
3 . Keep sexual harassment policies in force. In a recent blog, Scott Blake and Dennis Merley, both employment attorneys at
“In addition, be on the lookout for behavior that might violate the policy (get rid of the mistletoe),” they warned, and tell everyone that the any gifts “must be respectful and appropriate for a business environment.” Warn employees against any sexually oriented gifts, they said, and also to be sensitive to cultural or religious perspectives related to gifts.
“Finally, do not plan games or activities that might devolve into something too personal or sexual,” they wrote. Twister, anyone?
4. Call it a holiday party. “Yes, it is the Christmas season,” Meyer said, but there should be no references to religion or Jesus at an office party. “Of course you can talk about peace and joy generally,” he added.
5. Be safe. If someone suffers an injury during an office party, it could be considered a work function and the company could be liable, according to an article by HG.org Legal Resources. Laws vary by state, “but in a majority of instances, the party may actually be considered a work function if officially sanctioned and/or sponsored by the employer,” the article said.
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