Here at RKW, we had the pleasure this week of attending our Firm’s holiday party. Holiday parties show a company’s employees its gratitude for them and are a great way for employees to be able to relax, have fun, and build morale.

Unfortunately, now I have to be the lawyer and remind you that a holiday party is not Las Vegas – what happens there doesn’t stay there.

• Many of your company’s policies should have the same effect at your holiday party as they do in the workplace. That means that policies on discrimination, harassment, and professional conduct all can – and should – be minded and enforced.
• You can relax your “zero-tolerance” policy for alcohol, but employees should be reminded that abuse of alcohol, as well as any use of illegal drugs, remains strictly verboten. If the party is in the evening, and you anticipate that it will be a boozy one, think of your employees and consider ensuring they have safe transportation for their way home.
• Attendance at holiday parties should be optional. Employees may have legitimate personal reasons for choosing not to – or not being able to – attend. Further, requiring attendance turns the holiday party into work time for purposes of the Fair Labor Standards Act and state-level wage and hour laws.
• Your holiday party should be exactly that – one celebrating the season and the many holidays this time of year. Centering company-sponsored events around a certain faith can create an exclusionary environment and set you up for claims of discrimination.
• If any concerns are raised by employees after the party, they should be handled in exactly the same way as they otherwise would – investigated and responded to promptly, and in as confidential a manner as possible.

But that’s enough worry from me. My four-year-old’s favorite holiday character is the Grinch, and this is turning me into one. Be merry and celebrate this holiday season; just try to be sure your employees do so in a responsible manner at company events.

Happy holidays from me and the rest of the RKW team!

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