Susan N. Eisenberg.Miami managing partner.Cozen O'Connor.Miami

Many employers host holiday parties for their employees. Often conduct at these parties can bring liability upon employers. Described below are the dos and don'ts to keep employees safe during this time.

Employees, Supervisors and Alcohol—Oh My!

Alcohol makes people (or gives people an excuse) to do or say things they wouldn't otherwise do or say. The issues are limitless and include:

• Intoxicated persons are more likely to make comments/jokes that could insult or be discriminatory or bullying toward a protected group.
• Intoxicated persons may be more touchy with employees leading to inappropriate conduct.
• Intoxicated persons who drive are obvious liabilities.

What Employers Could/Should Do to Control the Situation.

• Unlimited open bars are a thing of the past. Instead, limit alcohol consumption. Provide employees with limited drink tickets. While employees can still collect tickets from others it will reduce consumption overall.
• Have the bar available only a limited amount of time.
• Limit alcohol to wine and beer with lower alcohol content rather than hard liquor or shots.
• Allow the bartender to cut off alcohol consumption.
• Serve food and coffee towards the end of the party.
• Offer taxi or Uber service so employees can get home safely.
• Appoint a number of individuals to monitor the situation and report anyone who is intoxicated to insure that they are cut off, encouraged to eat and drink water and not drive.

Avoid Claims of Sexual Harassment.

Watch for inappropriate behavior by supervisors toward staff (sexual harassment claims arise out of these events).

Tell management not to host the "after party," and the company will not reimburse for the after party.

• Enforce a dress code to avoid dress that the employer believes is inappropriate or unprofessional.
• Avoid activities that put employees in a position that requires physical interaction. It may seem innocuous, but dancing can involve touching. An employee whose supervisor asks them to dance may not believe that they have the ability to say no. Avoid dancing unless employees bring significant others.
• Designate persons to "watch the room" and intervene if they see anyone who looks uncomfortable.
• Hold meetings in advance of the event: supervisors should be reminded not to engage in inappropriate conduct; nonsupervisors should be reminded who they can go to if they find themselves in an uncomfortable position. All employees should be reminded that the employer expects professional conduct during the festivities.

Consider holding the party in the afternoon rather the evening. If held at night, consider hosting the party during the week rather than a weekend. Consider holding the party in the office, while not as festive, employees may tend to act more professionally. Remember that even if the event is strictly social and off premises the employer can still be liable for their employees' actions.

Susan Eisenberg is the Miami managing partner of Cozen O'Connor and represents employers.