Serving Alcohol at Company Events

3. Employ someone to serve the alcohol, as opposed to permitting employees to serve themselves. This not only gives the servers (the number of which should be limited) the opportunity to monitor employees who drink too much, but it also may deter some employees from ordering too many drinks in the first instance.

4. Consider establishing a maximum number of drinks that an individual can have. If you provide employees with tickets, make clear that they cannot give them to others if they elect not to use them.

5. Make cab vouchers available, which employees can obtain without going to a manager. While a few employees may abuse the privilege, it is a small risk to take compared with the bigger risk it may help to avoid.

6. Assign certain managers the responsibility to keep their eyes and ears open for individual who are visibly intoxicated. Any such individual should be asked for his or her keys. If they refuse, advise them that the police may be called.

7. Serve plenty of non-alcoholic beverages and lots of food. In particular, have juice and other non-alcoholic bars.

8. Shorten and/or eliminate the happy hour.

9. Consider a cash bar for alcoholic drinks and advertise that the proceeds will be donated to a charity.

10. Do not organize or participate in any after-party.

Conclusion

While these recommendations will minimize the legal risk of serving alcohol, they will not eliminate it. The only way to eliminate the risk is to eliminate the alcohol. And if employees cannot have any fun without alcohol, you may want to consider calling your Employee Assistance Program for guidance.

Jonathan A. Segal is a partner at Duane Morris LLP in the Employment, Labor, Benefits and Immigration Practice Group. He is also the managing principal of the Duane Morris Institute, which provides training for human resource professionals, in-house counsel, benefits administrators and managers at Duane Morris, at client sites and by Webinar.

By now, the winter holidays are a dim memory, but there are other events that companies may celebrate and the next round of winter holidays will begin before we know it. Consequently, it is always helpful to review ways to minimize the risks of serving alcohol at company events.

1. Make clear in pre-function communications that minors cannot drink and that if they do drink, this conduct will be cause for their termination (as well as the termination of any non-minor who obtains the alcohol for them). Ask those who dispense the alcohol to keep an eye out for those who look too young to drink and to card individuals if they have any doubt.

2. Make clear in pre-function communications that employees must limit their alcohol consumption to amounts that do not render them under the influence and that anyone that is under the influence is not permitted to drive.

3. Employ someone to serve the alcohol, as opposed to permitting employees to serve themselves. This not only gives the servers (the number of which should be limited) the opportunity to monitor employees who drink too much, but it also may deter some employees from ordering too many drinks in the first instance.

4. Consider establishing a maximum number of drinks that an individual can have. If you provide employees with tickets, make clear that they cannot give them to others if they elect not to use them.

5. Make cab vouchers available, which employees can obtain without going to a manager. While a few employees may abuse the privilege, it is a small risk to take compared with the bigger risk it may help to avoid.

6. Assign certain managers the responsibility to keep their eyes and ears open for individual who are visibly intoxicated. Any such individual should be asked for his or her keys. If they refuse, advise them that the police may be called.

7. Serve plenty of non-alcoholic beverages and lots of food. In particular, have juice and other non-alcoholic bars.

8. Shorten and/or eliminate the happy hour.

9. Consider a cash bar for alcoholic drinks and advertise that the proceeds will be donated to a charity.

10. Do not organize or participate in any after-party.

Conclusion

While these recommendations will minimize the legal risk of serving alcohol, they will not eliminate it. The only way to eliminate the risk is to eliminate the alcohol. And if employees cannot have any fun without alcohol, you may want to consider calling your Employee Assistance Program for guidance.

Jonathan A. Segal is a partner at Duane Morris LLP in the Employment, Labor, Benefits and Immigration Practice Group. He is also the managing principal of the Duane Morris Institute, which provides training for human resource professionals, in-house counsel, benefits administrators and managers at Duane Morris, at client sites and by Webinar.