Well the holiday season is officially upon us - which can bring up a lot of mixed feelings, especially at work.
On the one hand, there’s all that infectious cheer, extra goodies on hand, and the opportunity to connect and celebrate with our colleagues.
On the other hand, there’s that overwhelming pile of additional tasks that land on your plate, from sending out holiday cards, to buying gifts, to - you knew it was coming - planning the company holiday party.
Now some of you may not do holiday parties any more - but a lot of you do. And unfortunately, they can be the catalyst for some of your worst HR and employment law nightmares. I can’t tell you how many cases I’ve seen where some of the most damaging (and embarrassing) evidence has been culled from the company holiday party.
So in the spirit of giving, I’m sharing some tips on how to keep your holiday party a joyous occasion - instead of a festive train wreck.
And to keep things light while you’re juggling a million obligations this time of year, I thought it would be fun to review “The Top Ten Ways to Turn your Holiday Party into a Lawsuit.” To get all the details, just listen to our podcast.
So, folks, here’s what you shouldn’t do:
Number 10: Ask staff to work evenings or weekends arranging the party, but don’t pay them for the extra time because it’s not really “work.” Remember, wage and hour violations are the biggest new area of employment law risk - and having employees work “off the clock” is one the easiest ways to get yourself in hot water.
Number 9: Insist on calling it a “Christmas party.” Your workforce is probably a lot more religiously diverse than you’re even aware - and this is a sure fire way to show your lack of sensitivity.
Number 8: Invite the purchasing officer for a big government contract your company is pursuing, and make sure to buy her a lavish, expensive gift. With new ethics and compliance rules, you need to be extremely careful about gift giving - especially when it comes to government officials.
Number 7: Open bar all night, with holiday colored jello shots. There’s nothing like uncontrolled alcohol consumption to guarantee some messy problems for you to tackle the morning after.
Number 6: Lots of mistletoe. The holiday party should be all about connecting with our colleagues - but it doesn’t have to be amorous.
Number 5: Pass around a microphone, and make everyone describe how they’ve been “naughty or nice” this past year. This kind of “bonding exercise,” along with spontaneous employee skits, impersonations, roasts - you name it - can all easily get out of control, especially combined with #7 on our list.
Number 4: On the party invitation, summon “husbands and wives” to join you for an evening of holiday cheer. This is a quick way to alienate your single employees - and your gay, bisexual and transgender employees.
Number 3: To make sure you get a great turn out, tell employees that anyone who doesn’t show up will have their pay docked 4 hours. Yes, you want people to come to the party, but you can’t make them come.
Number 2: Don’t provide alternative transportation home for inebriated party goers. Major tragedy and potential liability can be avoided for what on balance is a minimal cost investment - and your employees will really appreciate the gesture.
And our Number 1 way to turn your holiday party into a lawsuit? Announce to everyone that “what happens at the holiday party, stays at the holiday party.” Ok - a little silly, I know, but the point here is that even though your event is likely to be offsite and after hours, it’s still a work event and all the same HR rules and policies apply. You need to remember that - and it needs to be clear to your employees as well.
So there you have it - Stay clear of these holiday legal landmines, and hopefully, your event will be a success. And don’t forget to listen to our podcast for more details.
Here’s wishing you a safe, happy and compliant holiday season!

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