Brooke Ehrlich and Michael Kantor

The leftover turkey is gone, the stampedes at Wal-Mart are over, and 2017 is winding to a close. That can only mean one thing — it's time for your company holiday party!

Here is a list of “do's” and “don'ts” to help you avoid liability in connection with your year-end celebration.

  1. DO throw a party!

Ebenezer Scrooge might know something about cutting costs, but you wouldn't want him in charge of your team's morale. Remember that the office holiday party is a much anticipated event, intended to reward employees for their hard work, reflect on a good year, and raise morale. Don't sacrifice your company party in a futile attempt to improve your bottom line for 2017.

2. DON'T delegate all of the responsibilities for planning the party to the employees who will attend.

Burdening your staff with the job of planning their own holiday party is counterproductive. (See above at point #1.) This fact notwithstanding, your event is more likely to be successful (and safe) if you and your management team take charge of the preparations. Holiday parties can be a legal minefield and your employees might not be on guard for those mines if they arrange the party themselves. After all, who is more likely to approve of an open bar: you or your employees?

3. DO keep your hands—and inappropriate thoughts—to yourself.

Holiday parties are a great opportunity to socialize, but professionals in your workplace should be able to do so without acting like they are on spring break. Be a model for your team, and conduct yourself in the same manner as you would at the office. Make sure that your employees know that your discrimination and harassment policies apply at all company functions, including the holiday fete. If your company does not have written policies in place, take immediate action!  These policies are the first line of defense for employers facing claims of inappropriate work place behavior.

4. DON'T join the ever-growing ranks of those accused of sexual harassment in 2017.

Holiday parties this year will proceed in the wake of a nationwide conversation about sexual harassment, ignited by serious allegations against Hollywood heavyweights Harvey Weinstein and Kevin Spacey. The current climate provides an excellent opportunity for discussion and reminds us of the importance of fostering a workplace environment that does not tolerate any type of harassment. The law defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. Remind your employees that your holiday gathering — while it may be “off campus” and “after hours” — is still a professional event and must be treated as such.

5. DO consider alternative sources of entertainment.

One subtle way to help your employees avoid overindulgence in the eggnog is to offer something to do other than imbibe! Consider bringing in a photo booth, poker table, pinball machine, magician or other entertainment. For example, our firm puts together a comedic sketch movie featuring different employees in various roles. Employees who are busy watching their exploits on the big screen are less likely to spend too much time at the bar.

6. DON'T ruin the revelry with a lecture.

We've experienced managers who used the holiday party as a platform to criticize their team's performance over the past year. Candid performance evaluations are an essential part of every work place, but openly criticizing your employees, especially at the holiday party, is a sure-fire way to kill morale. Why waste all of the time and expense that goes into the party by squandering that good will before the new year even begins?

Finally, DO send us an invite! We love a good holiday party as much as the next person, and we promise not to share any details in next year's column. We hope you have had a great 2017, and we wish you a wonderful holiday party!

Brooke Ehrlich and Michael Kantor are associates in the Fort Lauderdale office of Weiss Serota Helfman Cole & Bierman. They focus a significant portion of their practice on labor and employment law.