It’s the time of year when companies hold end-of-year celebrations and festivities for the holidays. As employers prepare for these gatherings, there are a few things they should keep in mind to reduce the chances of HR headaches and/or legal liability.

• Make attendance voluntary. This is critical from a wage and hour perspective. If events are held after hours or on weekends, an employer should not mandate attendance, as this will be considered compensable time under wage and hour laws for non-exempt employees.
• Avoid any themes or references to any specific religious or cultural holidays. Employers should aim to make these end-of-year events as inclusive as possible and should avoid references to religious or cultural celebrations, including the party’s decorations and music.
• Limit alcohol consumption. It goes without saying that most contact that employment lawyers receive from their clients during these holiday gatherings result from excessive consumption of alcohol. When employees consume too much alcohol, there are issues that arise from inappropriate comments to sexual harassment and sometimes even physical assault. If alcohol is being served, it should be served in limited, measurable quantities and there should be plenty of food available to party participants. Employers should encourage mass transit or use of ridesharing services to limit the potential for employees who are overserved from running into issues outside of the parties.
• Written reminders to employees. Before the party, all employees should be reminded of the company’s anti-harassment, non-discrimination and drug and alcohol policies and acknowledge these reminders.

It is important for company culture, particularly in this hybrid world, to have gatherings and celebrations. However, employers are well-advised to take some steps to hopefully avoid any issues from ruining the fun.

For more information or immediate guidance, contact:

• Caroline J. Berdzik
• Scott R. Green

Or another member of the Employment and Labor practice.