Some employers may consider holding a summer office party or event to thank employees for their hard work and to show appreciation. It may be a barbeque, baseball game, cocktail party or other outing. In order to help the party or event run smoothly and to minimize employer liability, continue to follow all applicable COVID protocols, but an employer needs to consider the following as well in planning:
Employers should aim to pick a place and activity that is convenient and appropriate for all employees. For example, if the employer knows that a lot of employees have family obligations after work and would require childcare, the employer may want to consider holding the event during working hours. Alternatively, an employer may wish to include family members of employees. If an employer employs a significant number of older employees, a sporting event that requires intense physical participation or a party with loud music may also not be advisable. Employers should aim to provide activities, entertainment and music that broadly appeals to a wide variety of employees. Further, activities, entertainment and music should be appropriate, festive and professional at all times. The employer should avoid offensive and risqué entertainment and keep things workplace appropriate.
In order to minimize employer liability, the employer should make sure that prior to the event, all employees are aware of the employer's policy for discrimination and harassment. The employer should ensure that employees are aware of the employer's code of conduct and that they know how to behave appropriately and how to refrain from any offensive and harassing behavior. Even though the event may be held away from the employer's premises and during what is generally considered to be non-working hours, the employer should reiterate that the same policies are in effect and that employees should treat each other with respect and common courtesy. Doing all this will help the employer avoid potential lawsuits.
An employer should be cautious about serving alcohol at the event as this may lead to myriad issues such as injuries, discrimination, harassment and inappropriate and offensive conduct. If the employer chooses to serve alcohol, the employer should designate an employee or someone at the venue to monitor the alcohol intake of employees or it should provide employees with tickets or tokens to get drinks, thus limiting the number each employee is allowed to consume. An employer may be liable for negligence if an intoxicated employee leaves the event and injures a third party or a third party's property.
The employer needs to consider whether attendance at the party or event will be mandatory for all employees. If it is mandatory, it may be considered work time and hourly employees may be entitled to overtime. If attendance is not mandatory, the employer should state so in the invitation and communicate to employees that the time spent attending the event will not be considered hours worked and compensable time. Additionally, the employer should avoid discussing business matters and other work-related activities such as employee training. While the employer may want to encourage employees to attend as a team-building event, the employer should not bully employees into attending or suggest that they will miss out by not attending.
An employer should be proactive and take affirmative steps to minimize the potential for workers' compensation claims. Although state law varies, generally, an employer will be liable for employee negligence or misconduct if an employee is acting "within the scope of employment" and participating in something job-related, and it does not normally extend to social activities. Courts have determined employer-sponsored events to be "within the scope of employment" if the employer receives a benefit from it or if the employer makes employee attendance mandatory. Therefore, in order to reduce the potential for workers' compensation claims, the employer should avoid business-related activities at the social event and avoid making it mandatory. Additionally, the employer should aim to make employee safety a top priority by choosing a safe and appropriate venue, avoiding risky activities (such as bungee jumping or go-kart racing), minimizing the alcohol intake, and requiring employees to take precautions and wear any necessary safety gear (such as helmets for a bike ride).
It is critical for the employer to teach all managers, supervisors and anyone else with authority that they are responsible for enforcing the employer's policies regarding discrimination and harassment as well as the employer's code of conduct. Even though the event may be held during non-working hours and away from the employer's premises, it is important for supervisors and managers to set a good example for the rest of the employees. Also, supervisors and managers should be trained to identify instances of inappropriate conduct and to immediately report the same to the employer or HR. Supervisors and managers should also be alerted to any potential dangers at the venue such as faulty wires or wet floors and should warn employees appropriately.
Employers should be sure to take immediate action if the employer or HR receives a complaint regarding discrimination or harassment or any other inappropriate and unprofessional conduct from an employee or supervisor. In such a situation, the employer should document the complaint and follow up with a thorough investigation by interviewing potential witnesses. The employer should evaluate the facts and come to a reasonable conclusion regarding what occurred and take appropriate measures as required. Reach out to your FrankAdvice HR Consultant for guidance on complaints of inappropriate or unprofessional conduct.