|
Employment Law Update
December 12, 2005
A Message from the Partners
The United States Department of Labor’s Working Partners for an Alcohol-and Drug-Free Workplace has prepared two highlight articles titled, Send Your Employees a Safe and Sober Message About Office Parties and Drinking and Nine Tips for Office Celebrations.
We prepared an article highlighting key points in these articles and a section on employer liability for accidents that are caused by intoxicated employees who drive home after a company sponsored holiday party. We hope this information will be helpful to you in promoting a safe and happy holiday season.
Seasons Greetings,
Kyle D. Kring
Highlight Article
With the Holiday Season in full swing, employers are encouraged to adopt the United States Department of Labor's Nine tips for office Celebrations
By Monica Sanchez
“Office parties typically mean lots of music, food and drinks. If the drinks include alcohol, however, office parties can have very unfortunate consequences. Opinions vary regarding the appropriateness of making alcoholic beverages available at office parties or other company-sponsored events. Ignoring the possibility that some employees or guests may drive home ‘under the influence’ invites trouble.” U.S. Dept of Labor, Impaired Driving,
Employers should be aware of the potential liability that may arise if an impaired employee causes an injury after leaving a company sponsored holiday celebration. California courts have held employers liable for personal injuries caused by employees who drive home from company sponsored holiday parties in a state of intoxication.
For example, in Harris v. Trojan Fireworks Company, the Court found a sufficient connection between an employer’s holiday party and an employee’s auto accident to justify holding the employer financially responsible for the injuries that occurred during the employee’s accident. 120 Cal.App.3d 157 (1981) The Court stated, “although the accident occurred away from the employers premises and presumably after work, we believe that the operable factors giving rise to the subsequent accident at least make a prima facie showing that the accident occurred in the course of [the employee’s] employment . . . .” Id. at 164.
In Harris, it was alleged that the party occurred during working hours, and the employee was paid to attend and encouraged to drink excessively. The Court explained, that their decision was not based upon the fact that the company furnished alcohol to the employee as a basis of negligent conduct on the part of the company. Instead, the furnishing of the alcohol by the company was merely one of the facts that were considered in determining if the employee’s intoxication occurred within the scope of his employment at the Company. Id. at fn. 7.
Nine Tips for Office Celebrations
The following tips were prepared by the U.S. Department of Labor, Working Partners for an Alcohol and Drug Free Workplace in an attempt to assist employers in minimizing negative consequences of alcohol consumption at their holiday parties.
- Be honest with employees. Make sure your employees know your workplace substance abuse policy and that the policy addresses the use of alcoholic beverages in any work-related situation and office social function.
- Post the policy. Use every communication vehicle to make sure your employees know the policy. Prior to an office party, use break room bulletin boards, office e-mail and paycheck envelopes to communicate your policy and concerns.
- Reinvent the office party concept. Why have the typical office party? Try something new like an indoor carnival, group outing to an amusement park or volunteer activity with a local charity.
- Make sure employees know when to say when. If you do serve alcohol at an office event, make sure all employees know that they are welcome to attend and have a good time, but they are expected to act responsibly.
- Make it the office party of choice. Make sure there are plenty of non-alcoholic beverages available.
- Eat…and be merry! Avoid serving lots of salty, greasy or sweet foods which tend to make people thirsty. Serve foods rich in starch and protein which stay in the stomach longer and slow down the absorption of alcohol in the bloodstream.
- Designate party managers. Remind managers that even at the office party, they may need to implement the company’s alcohol and substance abuse policy.
- Arrange alternative transportation. Anticipate the need for alternative transportation for all party goers and make special transportation arrangements in advance of the party. Encourage all employees to make use of the alternative transportation if they consume any alcohol.
- Serve none for the road. Stop serving alcohol before the party officially ends. Employers are encouraged to review their company policies regarding alcohol consumption and furthermore, to enforce their policies at all company celebrations.
We at Kring & Chung, LLP wish you a safe and happy holiday season!
Please contact us at www.kringandchung.com or (949) 261-7700 with any questions and visit the Department of Labor website at www. dol.gov for further information.
This article was prepared by Monica Sanchez , who is an associate at Kring & Chung, LLP’s Irvine and San Diego office. You can reach Ms. Sanchez at msanchez@kringandchung.com or at (949) 261-7700.
** The information contained herein is for informational purposes only and should not be relied upon in reaching a conclusion in a particular area. The legal principles discussed herein were accurate at the time this article was authored but are subject to change with time. Applicability of these same legal principles may differ substantially in individual situations. Please consult an attorney before making a decision in a particular area using only the information provided in this article.
|
