ARTICLE
28 August 2014

Why 'Beer Cart Friday' Could Land You In The Courtroom

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Fisher Phillips LLP

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Fisher Phillips LLP is a national law firm committed to providing practical business solutions for employers’ workplace legal problems. Labor and employment law is all the firm does, offering deep and broad knowledge and experience in the area of the law the attorneys know best. Fisher Phillips attorneys help clients avoid legal problems, are dedicated to providing exceptional client service, and are there when you need them. The firm has over 400 attorneys in 34 offices with 33 locations. Learn more at www.fisherphillips.com.
As an employer, there are few greater rewards than doing something nice and fun for your employees and having that good deed turn into a major benefit.
United States Employment and HR

As an employer, there are few greater rewards than doing something nice and fun for your employees and having that good deed turn into a major benefit for your organization. Simple rewards like catering lunch, free movie tickets or a fan favorite, the Friday Beer Cart, can be great ways to boost morale and encourage socialization.

However, providing alcohol to employees while on the job also comes with great responsibilities. Before breaking out the libations, consider the following:

Determine if it is really worth the risk.

Often touted as a "perk" or "benefit" by employers, it is imperative that employers work with their HR and legal team to determine if drinking on the job fits into your company culture, and more importantly, is it worth the potential risks associated with serving alcohol to employees? A number of issues may arise from allowing employees to drink at work including: impaired judgment, accidents and injuries in the workplace, sexual harassment or even employees making off-color jokes and getting into physical altercations.

Employers also need to realize that they may be liable for the acts of their management team and employees under several legal theories, including:

  • Employers may be civilly liable for negligent or intentional acts occurring within the "scope of employment" or resulting from the employee's consumption of alcohol even after they leave the workplace.
  • Employers may also be liable for harassment, discrimination, or retaliation in violation of federal and state laws.

Create and implement strong policies.

If you decide that allowing alcohol consumption is in the best interest of your organization, it is very important to have rules and regulations in place that will help protect your organization from potential lawsuits. Work with your HR department to create specific policies that pertain to employees consuming alcohol while on the job.

  • Remind employees that your company's normal workplace standards of conduct remain in force at all times, and misconduct at or after work can result in disciplinary action.
  • Make sure everyone who consumes alcohol is of legal drinking age.
  • Have food and non-alcoholic beverages available.
  • Make it clear that consumption is entirely voluntary and that there is no expectation employees drink.
  • Limit the amount of drinks consumed per person.
  • Ensure everyone gets home safe – provide numbers to cab companies and/or offer to arrange for the employee to get home safe via a designated driver or other public transportation modes.

While the "Mad Men" era of drinking at work may seem appealing, consider the risks and plan accordingly. The last thing employers need is for Beer Cart Friday to turn into Lawsuit Monday.

Originally published by Phoenix Business Journal on August 12, 2014.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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