Library Worklife

Volume 2, No. 6 • June 2005

HR Law and Regulation

Summer Parties: Plan Wisely to Avoid Liability

By Kelly Hayden, JD, Labor/Employment Counsel

Originally published by the Management Association of Illinois, April 22, 2005

As the weather turns warmer, many employers plan special events for staff ranging from ordering sandwiches/pizza to a full-day picnic event on the weekend, including food, beverages, and activities for employees and family members. While such social outings are a nice break from the regular routine and can boost morale, employers need to be aware of legal issues that could arise and how to best protect the organization from a post-party lawsuit. A few simple steps and thought to issues that could arise is all it takes to prevent most problems at the picnic.

Alcohol
If you choose to serve alcohol at your gathering, make sure that employees are aware that the picnic is considered a work-related social event and only moderate consumption is acceptable. Employees who consume irresponsibly may be disciplined or terminated. Warn employees that if they seem intoxicated and drove to the site of the picnic, they will be asked to turn over their car keys and take a cab or other form of transportation. If they refuse to do so, they may risk police involvement. While this policy may seem overly harsh, informing employees of the company's position up front may deter over-consumption in the first place. You can also consider the following actions:

Make sure that there are plenty of non-alcoholic beverages and food available.
Consider a per person drink limit and stamp hands to keep track of each employee's consumption (tickets can be easily traded). This may be especially useful if you think your employees won't understand the meaning of moderate consumption or if you've had problems in the past.
If family members are invited, make sure to ask for identification if the person seems too young to drink.

Harassment
The combination of alcohol, warm weather, an off-site party, and casual dress could lead to irresponsible behavior. Shortly before the gathering, consider re-distributing the organization's anti-harassment policy with a special notation that the policy applies at company-sponsored events, including those held off the premises. If you do receive a complaint of harassment after the event, make sure to promptly conduct an investigation and to resolve the issue as soon as possible.

Employees may also appreciate some guidance concerning a dress code for the picnic. Even though most of these types of gatherings are casual, the employer can still prohibit, for example, cut-offs, short-shorts, bathing suit, halter or lingerie tops, and t-shirts or sweatshirts with slogans. Some organizations have purchased company logo t-shirts or polos for employees to wear at the outing. Employees appreciate the gift, it builds unity, and employers do not have to worry about dress code issues.

Injuries
What happens if employees decide to play a game of volleyball or basketball and an employee is injured? Is this considered a workers' compensation injury? In order to limit the possibility that the employer will be responsible for such injuries, hold the party off of the employer's premises during non-working hours and make sure that employees know that attendance and participation in any event is strictly voluntary. Further, place a call to the organization's general liability carrier to discuss the picnic and the type of coverage that may be available under the insurance policy in the event there is an accident or injury.

Perhaps most importantly, keep in mind that employees will look to managers and supervisors to "set the tone" at the staff picnic. If these people are behaving responsibly and appropriately, most employees will follow suit. A management meeting prior to the picnic to emphasize this special responsibility and to put in place a "response system" should a problem arise that needs immediate attention can make the picnic an enjoyable memory for everyone.

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