Legal Considerations for Hosting Your Office Holiday Party
The holiday season is here. It is time for joy, it is time for cheer and, of course, holiday parties.
While these celebrations are a great way to boost morale and reflect on a year of hard work, they also come with a unique set of legal considerations for employers. Thorough planning can help your office party remain enjoyable for all while minimizing any potential legal risks.
Planning a Holiday Party - The Employer's Checklist
Holiday parties are an opportunity to show appreciation to your employees, but planning one comes with responsibilities. From inclusivity to safety, here are some tips to consider:
Create an Inclusive Environment
Holiday celebrations should be for everyone, regardless of their religious beliefs, cultural backgrounds, or personal preferences. To avoid unintentionally excluding anyone:
- Use Neutral Themes: Consider a "Winter Wonderland" theme instead of religious-specific celebrations.
- Provide Different Food and Beverage Options: Include vegetarian, vegan, gluten-free, and non-alcoholic choices to accommodate dietary needs and personal preferences.
- Be Mindful of Scheduling: Avoid party dates that may conflict with religious observances or personal commitments.
Set Clear Expectations
Hold an office staff meeting a week or so before the party. During the meeting, take the time to inform employees that company policies, such as codes of conduct and anti-harassment guidelines, apply during the event. Remind staff that a holiday party is an extension of the workplace and inappropriate behavior will not be tolerated.
Plan Ahead for Safety
Safety is and always should be a top priority. Consider the following when planning your annual get together:
- Transportation: Arrange for Uber/Lyft, rideshare discounts or shuttles to make certain everyone gets home safely, especially if alcohol is being served.
- Accessibility: Make sure the venue is accessible for individuals with disabilities or other mobility issues.
- Venue Choice: Select a reputable and insured venue that complies with local safety regulations.
Alcohol at Holiday Parties - Who Is Responsible?
When alcohol is involved, the risks increase significantly, and with them, potential liability for employers. Hosting an event where alcohol is served requires careful thought and adherence to legal requirements.
Depending on your state, employers could be held responsible for any harm caused by an intoxicated employee or guest. These laws, often referred to as “dram shop” or “social host liability” laws, vary by jurisdiction but generally impose legal liability on the host for incidents resulting from overserving alcohol. To mitigate risk:
Limit Alcohol Consumption
Use drink tokens or vouchers to control the number of alcoholic beverages served per person or select a lower-risk option like hosting during the day or offering only beer and wine instead of spirits.
Hire Professional Bartenders
Professional bartenders are trained to recognize when a guest has had too much to drink and can deny service as needed.
Provide Non-Alcoholic Alternatives
Provide plenty of non-alcoholic beverage options.
Oversight and Control
Assign a manager or HR professional to oversee the event and uphold policies. Make it clear that no one should feel pressured to drink and intervene if necessary to prevent issues before they escalate.
Post-Event Arrangements
Encourage employees to use rideshare services or taxis if they drink. Consider reimbursing transportation costs or arranging carpools for added convenience and safety.
Wrapping It Up
Holiday parties are meant to be a fun, stress-free occasion, but as an employer, it’s important to stay extremely cautious and watchful from a legal and safety perspective. By setting clear expectations, and taking necessary precautions around alcohol, you can create a memorable celebration.
If you’re unsure about your legal obligations or want guidance in planning a compliant holiday party, the attorneys at Lepley, Engelman, Yaw and Wilk can help. Contact us today for personalized advice so you can focus on spreading holiday cheer—without worry.