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Holiday Parties Don’t be the HR Grinch

Holiday Parties Don’t be the HR Grinch. Excerpt from SHRM Poll: Holiday Party and 2010 Holidays Organizations Plan to Observe Nov 2009. Is your organization planning to hold an end-of-year/holiday party for employees this year (2009)?. Differences by organization staff size:

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Holiday Parties Don’t be the HR Grinch

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  1. Holiday Parties Don’t be the HR Grinch

  2. Excerpt from SHRM Poll: Holiday Party and 2010 Holidays Organizations Plan to Observe Nov 2009 Is your organization planning to hold an end-of-year/holiday party for employees this year (2009)? Differences by organization staff size: • Small- (72%) and medium-staff-sized organizations (67%) were more likely than large-staff-sized organizations (48%) to report that they are planning to hold 2009 end-of-year/holiday party for employees. • Privately owned for-profit companies (69%) were more likely than publicly owned for-profit companies (46%) to report planning to hold 2009 end-of-year/holiday party for employees. Note:“Not sure” responses were excluded from this analysis.. Only significant differences are presented. n = 386

  3. Excerpt from SHRM Poll: Holiday Party and 2010 Holidays Organizations Plan to Observe Nov 2009 Is your organization planning to hold its 2009 end-of-year/holiday party on-site or off-site? Note:“Not sure” responses were excluded from this analysis.. n = 386

  4. What Do We Call It? • Is it political correctness or just good manners? • Is it illegal to call the celebration a Christmas Party? • What does the X in Xmas mean anyway?

  5. Where’s The Party, Dude? • Employee/management planning team • At work or away • Significant others • What happens here goes back to work • Alcohol and Food

  6. Dram Shop/Social Host Liability • GEORGIA: 51-1-40 • No liability for selling, furnishing or serving alcoholic beverages to a person of legal drinking age • Can be liable for serving underage drinkers if: • You know the person is under age; and • You know the person will soon be operating a motor vehicle; and • A person is noticeably intoxicated • Courts have held that this law applies equally to social hosts as well as retail

  7. Dram Shop/Social Host Liability • SOUTH CAROLINA: 61-6-2220 • Professional host liability if: • Licensed to sell alcohol • Serve persons in an intoxicated condition • No social host liability in South Carolina for serving persons of a legal age • No statutory liability for serving underage drinkers, however the courts have created this liability

  8. Recommended Policies • PROFESSIONAL BARTENDERS • NO UNSUPERVISED ALCOHOL • DRINK TICKETS (PROBABLY DON’T WORK) • LOTS OF ALTERNATIVE NON-ALCOHOLIC DRINKS • LIMITED BAR SERVICE • SERVE PROTEIN RICH FOODS BECAUSE THEY SLOW ALCOHOL ABSORPTION

  9. Other Holiday Pitfalls • FORCED FAMILY FUN • IF YOU MAKE THEM, YOU HAVE TO PAY THEM • SANTA PUKED IN THE BREAKROOM • HOW NOT TO DECORATE FOR CHRISTMAS • I GOT YOU A LITTLE SOMETHING • IT’S FROM VICTORIA’S SECRET

  10. Other Holiday Pitfalls • TAKE ME OUT TO THE BALL GAME • Can be within the course of employment and subject to Workers’ Compensation if: • Occurs on work premises as a regular incident of employment; or • Employee participation is required, express or implied; or • Employer derives any substantial benefit from the event beyond employee health and morale

  11. Take Away • Don’t offer unattended alcohol, don’t serve minors • Serve protein rich foods • Moderation in all things • Lead by example (in consumption, behavior, gifts, etc.)

  12. Questions?PowerPoint can be downloaded at www.enochlaw.com

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