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Kevin Burke Law Blog

Virtual Holiday Parties Can Lead to Trouble for Employers

A recent Gallup poll found half of the American workforce is working from home at least occasionally, and 25 percent of American workers are working entirely from home during this pandemic.

There are a number of liability concerns for employers to consider in this new paradigm. Protecting company property, liability for workers injured while working remotely, and security issues when it comes to protecting client data are all issues magnified by remote working. But today we are going to look at another issue to consider with the Holiday Season upon us.

Each year, we counsel employers on the do’s and don’ts of hosting holiday parties. While they can be a great way to celebrate your company’s success, and a morale boost for your team, holiday parties pose several risks. For most companies in New York, in-person holiday parties are off the table for 2020; however, that doesn’t erase potential liability related to drinking altogether.

A growing number of employers are planning “virtual parties” as a way to gather and celebrate in a socially responsible manner. Employees are encouraged to dress up, prepare their favorite party foods and cocktails, and “gather” in front of their screens to celebrate. It’s the third item on that list that should give employers reason to pause. The question is simple: If you encourage employees to drink alcohol at a company event, even a virtual one, are you opening the door to potential liability? The short answer is, it depends on the state you live in. The overarching answer is, assume you can be.

That doesn’t mean these virtual happy hours and holiday parties are a bad idea, but it does mean there are issues to consider.

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