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Do you hear what I hear? Holiday Party Litigation

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By: Joy Huffman

Can you hear it? No, it’s not the sound of reindeer on the roof, it’s the sound of litigation approaching.  One of the biggest headaches of the year can often be the Company Holiday Party. Holiday Parties can lead to significant legal liability for the company if not adequately planned. Here we address the Top 3 Holiday Party concerns.

  1. Control the Holiday Spirits! If alcohol will be a part of your Holiday Party, you should limit the alcohol consumption. Your company could be held liable for the acts of your intoxicated patrons/employees who drink and later cause injury to another. A good way to control this is by issuing 2 drink tickets per person. You could also close the bar a few hours before the end of the party and of course their is always….UBER! It doesn’t have to be Uber but providing driving options for those who are intoxicated is always a good idea.
  2. Paid to Party? Simply put, per wage and hour laws, if you require employees to attend the holiday party, you must pay them for the time they spend there. If you schedule your holiday party after working hours, and employees attendance is mandatory, those that attend, must be paid. Making attendance optional will alleviate the burden of paying employees and let’s be honest….if the PAR-TAY is optional most will attend anyways.
  3. Say NO to Mistletoe. It may be an “innocent” holiday kiss under the mistletoe, but more than likely it’s the start to something unlawful at a company holiday party. Chris from Accounting may see that mistletoe as his best moment to show Patty from Marketing his “assets” in kissing. Why? If his plan doesn’t work he could always use the excuse as the “tradition” of kissing under the mistletoe. Don’t let the creepers come out to play at your company holiday party. Now is the perfect time to start passing out reminders on the company’s anti-harassment policy and dress code policy. If employees understand the company has a ZERO tolerance for any sort of harassment, you have a better chance of throwing a stress free event.

Contact SDHRC with your Holiday Party plans and let us help you ensure the party stays stress free!

The post Do you hear what I hear? Holiday Party Litigation appeared first on San Diego Human Resources Consulting.


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