For many employers, this is the time of the year when office Christmas/Holiday/Winter/etc parties are held. As would be the case any year, there are several key things for employers to keep in mind when planning the party in order to avoid (or at least minimize) potential issues that could arise. This year is no exception, do in no small part to the increased attention that sexual harassment in the workplace has received as of late.
While this post is not meant to serve as the definitive guide for employers to refer to on the topic (nor should it be construed as providing legal advice), it is meant to provide employers with a few things to keep in mind when planning these office get togethers.
Prior to the Party, Review Anti-Harassment Policies With Employees
A good rule of thumb is to review your company's anti-harassment policies with employees prior to the office party. Do not have a policy in place? Perhaps this is a good time to create one. Have you not reviewed or updated your policy in a while? This would be the perfect time to do just that. The important thing for employers to emphasize (assuming they have a policy in place) is for employees to act responsibly, enforce a company dress code (again, assuming you have one), express that there will be a zero tolerance policy in place for any harassing conduct, and provide options for employees to report any harassing conduct. This year, especially, employers should be on high alert for any reports of harassing conduct at an office party and take proactive steps to minimize this conduct.
Your Party is Mandatory...Do You Have to Pay Your Employees to Attend?
Having attendance at these parties be voluntary (with a clear indication that attending/not attending will not impact that employee's position with the company) is I think the preferred way for employers to proceed. However, some employers make attendance at these parties mandatory, whether it be to build comradery, rally the troops, allow a boss/manager/etc to give a speech to employees to update them on that year's success, etc. While laws can vary by state, the general rule of thumb is if your party is mandatory, employers are required to pay their employees to attend. I have seen some employers skirt this issue by having the party during regular work hours, in which this issue is avoided entirely. Whether your party is during the work day or after work hours, so long as attendance is mandatory, expect to pay employees to attend.
To Provide (Alcoholic) Drinks or Not...That is the Question
Always a wary choice for employers at any office get together (no matter the time of the year) is whether to provide alcohol. While some employers might want to appear "laid back" and like one of the employees by having an open bar or free flowing drinks, there are major concerns that could arise. Without getting too legalese, while dram shop laws vary by state, the general law is that if you, as the employer, offer your employee alcoholic drinks and that employee later injures someone because of their intoxication, liability could exist for you, the employer. Although there is no clear cut way to limit this liability (of course, besides not offering alcoholic drinks), some employers give out a set number of drink tickets to employees or have set hours when drinks will be served (for instance, at the start of the night before food is served, gifts are exchanged, etc.). While every situation is different, I think a good rule of thumb is to play it safe. I have heard of some employers having a plan in place to offer intoxicated employees (or employees that do not feel comfortable driving home) a taxi, Uber, Lyft, etc.
Leave the Mistletoe At Home
This one should be self explanatory, but having mistletoe at an office party can only lead to disaster. Remember where I mentioned the increased attention on sexual harassment allegations, above? Add in alcohol and there are bound to be unwanted advances, comments, etc. Employers, save the mistletoe for your own home...far. far away from any employees.
Having a Secret Santa?
A time honored tradition at many office parties is to have a Secret Santa gift exchange. While these exchanges can be fun and often lighthearted, some employees might take things a step too far with an inappropriate gift. As with the mistletoe, this should be common sense for employers: If you are doing a Secret Santa, advise employees that gifts should not be offensive or crude. I have worked for some employers that hosted a gift exchange and to avoid any issues with some employees bringing the "wrong" gift, these employers provided all the gifts themselves. While this is not the only way to avoid potential issues with a Secret Santa, it is one option for employers to consider.
Do Not End Up On FaceBook, Instagram, Twitter, etc. For the Wrong Reasons
For those employees who have some form of social media, they might want to take some pictures at the office party and post them on social media to commemorate the festivities. That can be fine so long as the pictures do not show the office manager doing body shots, a CEO making an off color joke, or something else that paints the company in a bad light. Employers should remember, many employees might be connected to that company's customers through social media. If an employee posts an embarrassing photo, that could reflect poorly on the company and result in lost business and an unwanted reputation. Generally speaking, I would remind employees of whatever social media policy is in place and the consequences of posting things on social media that could reflect poorly on the employer. Look no further than the government contractor that fired an employee a few weeks ago after she posted a picture on social media of her flipping off President Trump's motorcade...
As noted, this is not meant to be an exhaustive list but rather highlight a few things that often come up around this time of the year for employers. Every situation is different (and the laws vary by state), so if in doubt or you have a concern, consult your employment law attorney or HR staff for guidance.
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