b'Holiday Parties Who, What, Why . . . Who does it apply to: This one is pretty straightforward.It appliesusually involved in the work environment, but it is often available to all employers contemplating any type of holiday gathering forat holiday parties and a surprising number of people do not keep its staff. personal control when alcohol is available. This can lead to improper comments that an employee would have been smart What are the legal issues: Holiday parties potentially implicateenough to avoid without alcohol. avarietyofemploymentlaws:Discrimination,FairLabor Standards Act(FLSA),WorkersCompensation,andliabilityHow is the FLSA an issue: Holiday parties conducted during associated with providing alcohol. work hours or which have a mandatory attendance requirement may result in the time being considered compensable for non-How is discrimination an issue: Discrimination is probably theexempt employees. If the employees are required to attend, or biggest concern for an employer planning a holiday party. Thefeel required to attend because of some event at the party, they primary two issues employers need to watch out for are sexshould be paid for the time, including any applicable overtime.discrimination (in all its forms), and religious discrimination.What is the issue with workers comp: Employees are covered Sex discrimination can take the form of harassment or treatingforinjuriessustainedinthecourseandscopeoftheir a male or female unfair in comparison to her male or femaleemployment, which means furthering or carrying on the business counterparts.At holiday parties, it most often is the result ofof their employer. If attendance at a holiday party is required, oneemployeetouchinganotherorpropositioninganothertheemployeecanmakeaworkerscompensationclaimfor inappropriately.Whatmightevenappeartobeconsensualinjuries sustained, as long as those injuries do not result from during a party could be described as an unwanted advance oncehorseplayorintoxication. Avoidingaworkerscompensation the employee makes it home to a spouse in need of explanation. claim, however, may not be the right ticket because employees All incidents of inappropriate comments or conduct should bemay then have a claim for negligence, which will not be covered closely watched for and broken up. by your carrier. Religious discrimination also rears its head during the holidayHow can I be liable for providing alcohol: Under Texas law, an season. Christians commemorate the birth of Jesus. Muslimsemployer is generally not responsible for injuries to an employee celebrate Eid al-Adha, or the Feast of Sacrifice. Some African- or anyone that employee might injure, as a result of providing Americans celebrate Kwanzaa. Buddhists celebrate Buddhasalcohol to that employee. One exception to this rule is providing Enlightenment with Bodhi Day. The Jewish celebrate Hanukkahalcohol to a person under the age of 18.and the Festival of Lights. Some Seinfeld devotees celebrateCommon Situations:Festivus, and there are many others. With so many different points of view, employers must be careful as they plan for aOffice staff only: Jimmy, decides to have a Holiday Party for his holiday party. office staff at Jimmys Janitorial Service. Jimmy decides that the actual crews would be too cumbersome to invite so he does not Thatsaid,employersshouldkeepaneyeoutforportionsinclude them. Has Jimmy screwed up? Yes. It wasnt religious of the holiday party plan that might affect the other protecteddiscrimination and there was no sexual harassment, but Jimmy classes: race or color, national origin, age, genetic information,failed to take into consideration the fact that 98 percent of hispregnancy, military status, and disability.Drinking alcohol is not 65'