In the event that your holiday is full of good cheer, here are some tips to reduce your holiday liability risk.
However, for many New York and New Jersey businesses, it can also bring legal headaches. From the manager who has too much to drink at the office party to the disgruntled worker forced to work the New Year’s Eve shift, it is imperative to take steps to address a potential holiday liability risk before it turns into a costly holiday lawsuit. Below are a few tips to reduce your holiday liability risk:
Holiday parties
While businesses have good intentions when throwing holiday parties, the parties are often the biggest source of liability this time of year. The most frequent culprit is too much holiday cheer. Therefore, businesses should consider holding the event during the day, limiting employees to a certain number of drink tickets, serving ample amounts of food, and providing a safe way home. To deter bad behavior at office holiday parties, it is also advisable to include provisions in your employee handbooks or other documents that make it clear that the policies extend to social functions by or for the business.
Employee leave
Employers are generally not required to observe Christmas or New Year’s, or to pay employees for time off during the holidays. However, if your business does observe certain holidays, it is important to have a written policy in place. Issues to consider include the specific days the business is closed, how holiday shifts are assigned if the business remains open, and what happens if an employee works during a paid holiday (i.e. is the worker granted a “comp” day?) Of course, the policy should also be as uniformly enforced as is feasible. Letting some employees leave early on Christmas Eve, while others are required to stay until closing, may not only breed discontent among your staff, but could also be viewed as discriminatory.
Holiday decorations
While local governments and other public entities must contend with the First Amendment, private businesses are generally free to decorate their offices how they wish. However, to play it safe and avoid alienating employees of different religions, it is advisable to keep decorations secular or ensure that the display recognizes a variety of religious backgrounds. Also, while mistletoe is a Christmas tradition, it is also a holiday liability risk. Hanging mistletoe can be a lawsuit waiting to happen in an office environment, as an unwanted kiss, or even a hug, could generate a sexual harassment claim.
Have you had any instances where your business was subject to a holiday liability risk? Feel free to leave a comment below.
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Holiday Liability Risk: Here's How To Avoid Them This Season
Author: Dan Brecher
In the event that your holiday is full of good cheer, here are some tips to reduce your holiday liability risk.
However, for many New York and New Jersey businesses, it can also bring legal headaches. From the manager who has too much to drink at the office party to the disgruntled worker forced to work the New Year’s Eve shift, it is imperative to take steps to address a potential holiday liability risk before it turns into a costly holiday lawsuit. Below are a few tips to reduce your holiday liability risk:
Holiday parties
While businesses have good intentions when throwing holiday parties, the parties are often the biggest source of liability this time of year. The most frequent culprit is too much holiday cheer. Therefore, businesses should consider holding the event during the day, limiting employees to a certain number of drink tickets, serving ample amounts of food, and providing a safe way home. To deter bad behavior at office holiday parties, it is also advisable to include provisions in your employee handbooks or other documents that make it clear that the policies extend to social functions by or for the business.
Employee leave
Employers are generally not required to observe Christmas or New Year’s, or to pay employees for time off during the holidays. However, if your business does observe certain holidays, it is important to have a written policy in place. Issues to consider include the specific days the business is closed, how holiday shifts are assigned if the business remains open, and what happens if an employee works during a paid holiday (i.e. is the worker granted a “comp” day?) Of course, the policy should also be as uniformly enforced as is feasible. Letting some employees leave early on Christmas Eve, while others are required to stay until closing, may not only breed discontent among your staff, but could also be viewed as discriminatory.
Holiday decorations
While local governments and other public entities must contend with the First Amendment, private businesses are generally free to decorate their offices how they wish. However, to play it safe and avoid alienating employees of different religions, it is advisable to keep decorations secular or ensure that the display recognizes a variety of religious backgrounds. Also, while mistletoe is a Christmas tradition, it is also a holiday liability risk. Hanging mistletoe can be a lawsuit waiting to happen in an office environment, as an unwanted kiss, or even a hug, could generate a sexual harassment claim.
Have you had any instances where your business was subject to a holiday liability risk? Feel free to leave a comment below.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
