Holiday parties require planning and preparation far beyond the essentials of invitations, menus, venues, and entertainment. This article will help party planners, decision-makers, and participants understand the finer details (key areas) and have an event that all can enjoy (and sleep better before and after the event)!

Many companies have holiday parties to show appreciation to all the employees for their hard work during the year and encourage camaraderie among co-workers.

One of the benefits of having a holiday party is to provide employees a chance to interact with each other in a relaxed and informal setting. Employees, however, may get a little too relaxed, especially when alcohol is included (see the section on alcohol below), and may behave or act offensively/unlawfully, making others feel uncomfortable at an event that was intended to be fun.

TIP: Employees should be reminded before the party that they will be held accountable for their behavior and that the party is considered a work-related event where all the rules of conduct apply. The company should be prepared to handle sexual or other harassment issues that occur at the party promptly and thoroughly, just as they would in the workplace.

TIP: Managers should be reminded to act responsibly, be on the lookout for bad behavior, and take action as needed. Inviting an employee's family member or significant other to the holiday party may help to manage employee behavior.

It is important to review all the music that will be played at the party, particularly songs that may contain inappropriate language or sexual content.

Employee Safety / Company Liability:
Ensuring the safety and well-being of employees should be the topmost priority for any company that is hosting an event like a Holiday Party. No organization would want its employees to get hurt or cause harm to others while attending the function.

If there is an injury to an employee, Hawaii law provides workers' compensation benefits for employees who are injured by an accident arising out of or in the course of employment.

As a general rule, workers' compensation benefits are not permitted for an injury incurred by an employee's willful intention to injure oneself or another or by the employee's intoxication.

Whether an injury at a company-sponsored holiday party is covered by workers' compensation law will depend on the following factors:

• Whether attendance at the party is voluntary or mandatory.
• Whether the employer will pay employees for attending the party.
• Whether the party is a company-sponsored event.
• Whether the employer derives significant benefit from the party other than improvement in employee morale or health.
• Whether the event occurs during regular business hours.
• Whether the injury occurred on the premises where the party was held.
• And whether the employee was intoxicated.

Liability for employee injuries can be reduced by:

• Scheduling the party after regular working hours,
• Holding the party at an off-site location,
• Emphasizing to employees that attendance is optional,
• Not paying employees to attend the party.

Alcohol
One of the most important decisions a company makes when planning a holiday party is whether or not to serve alcohol. From a liability standpoint, the safest approach is to not serve alcohol. However, this decision may not be very popular, especially if alcohol is considered acceptable at other company functions. Many states have a "social host liability" law, meaning they can be held legally responsible as corporate hosts for accidents, injuries, or fatalities that arise out of alcohol consumption at a party - even when they have taken precautions to limit alcohol consumption.

Laws that allow an injured person to hold an alcohol vendor, social host, or both liable for providing alcohol to someone who then causes injuries to someone else are known as "dram shop" laws. While Hawaii does not have a specific statute creating a dram shop claim, the state's courts have held that employers can be held accountable for drunk driving accidents caused by their employees under two different theories of liability.

Under the theory of RESPONDEAT SUPERIOR, an employer can be held liable for the negligent acts of its employees that occur within the scope of their employment. No fault or knowledge on the part of the employer is required to establish liability under the theory of RESPONDEAT SUPERIOR. In one case, the Hawaii Supreme Court ruled that an employer could be held liable for an accident that was caused by an employee after attending a party on the employer's premises while celebrating the promotion of a co-worker. In reaching this conclusion, the court explained that the employee's act of drinking was within the scope of his employment as it fostered goodwill between co-workers.

Second, an employer could also potentially be liable for drunk driving accidents caused by its employee under the theory of negligent failure to control. Under this theory of liability, an employer has a legal duty to exercise reasonable care to control its employee acting outside the scope of his employment to prevent him from intentionally harming others or from conducting himself as to create an unreasonable risk of bodily harm to them.

Serving alcohol to minors in Hawaii is a violation of the state's liquor control laws and is one of the greatest exposures that employers face. Companies should make it clear in pre-party communications that minors are prohibited from drinking alcoholic beverages, and if they do, they will face disciplinary action, which may result in termination. The same warning should also be shared with all employees who knowingly provide drinks or drink tickets to minors.
If the decision is to provide alcohol at the party, there are a number of precautions employers can put in place such as:

• Not having an open bar,
• Limiting the time to consume alcohol and serving wine and beer only and not hard liquor
• Scheduling the party during the day or a weeknight,
• Providing a limited number of non-transferrable drink tickets
• Providing designated drivers and transportation vouchers

Party Planning:
This increased attention to certain holidays or times of the year can leave employees feeling that their company is favoring a particular religion or is insensitive to their religious beliefs or practices.

One way to prevent religious issues from arising is to have a party planning committee that includes a diverse group of employees from different departments, religions, and ages to ensure that the party is non-denominational and does not favor any specific religious belief. The diversity of the committee is particularly useful in providing input on often overlooked aspects of holiday parties, such as decorations, music playlists, and attire. Decorations and music should not contain religious references and clothing should reflect accepted business wear. Religious prayer during the party should also be avoided.

Have fun at your event!