With the holidays upon us, many employers plan holiday parties to celebrate the holiday season with their employees.  While holiday parties can be a great way for the company to celebrate the year and holidays and to spend time together, there are a few important considerations that employers must take into account when planning their holiday party to avoid risk and potential claims that could be raised by employees or third parties.

Voluntary v. Mandatory Attendance

Although employers will understandably want all of their employees to attend their holiday party, it is important to be clear that attendance is voluntary and not mandatory.  Absent such clarification, attendance may be interpreted as mandatory and therefore employees must be paid for time spent at the holiday party.  While this may not be an issue if the celebration is during work hours at the office, if the party is in the evening or away from the office, be sure that employees are paid for their time attending the party unless they are told their attendance is voluntary.

Keep Alcohol Consumption to a Minimum

While it is legal for employers to serve alcohol at their holiday party, if a company decides to serve alcohol it’s important that it is done in moderation and ensure that employees do not become under the influence and intoxicated leading to inappropriate behavior or even driving under the influence.  In addition to not serving any alcohol, companies can ensure there is no excessive drinking by providing employees with drink tickets in advance of the event to avoid the possibility of their drinking too much. Employers can also remind employees in advance of the party about the importance of not consuming too much alcohol.  Additionally, employers can offer to pay for a cab or paid car service (Uber or Lyft) to transport employees home after the party, if necessary.  

Decorations and Gift Exchange

When planning for the holiday party make sure that decorations are not based upon one religion or ideally, have no religious decorations. Otherwise, some employees may feel excluded if they do not follow the selected faith. Simple winter or holiday themes with no religious overtones are best. Regarding gift exchanges, employers should let employees know in advance that no inappropriate or off-color gifts are permitted.

By taking into account these considerations when planning the company holiday party, employers can keep their focus on celebrating the holidays with employees without the legal risk that holiday parties can bring. If you have any questions regarding legal implications when planning a holiday party, contact our employment attorney Scott Liner at [email protected]

If you have any questions regarding legal implications when planning a holiday party, contact our employment attorney Scott Liner at [email protected]

Have questions about minimizing legal risks at your holiday party?
Contact Chase Law Group for guidance

WWW.CHASELAWMB.COM
310-545-7700

_{Please note that this article is for informational purposes only and should not be considered legal advice and does constitute an attorney-client relationship. It is recommended to consult with an attorney directly for specific guidance pertaining to your business and its practices.}