Holiday Party Advice from NFIB

Date: November 27, 2018

Avoid legal hangovers on two problem areas

Contact: Elizabeth Milito, senior executive counsel, NFIB Small Business Legal Center,
or Randi Thompson, NFIB Nevada State Director,

WASHINGTON, D.C., Nov. 27, 2018—Keep celebrations safe this holiday season by watching out for two problem areas – drunk driving and harassment – advises NFIB’s Small Business Legal Center.

Drunk Driving
An increasing number of states require employers to exercise reasonable care to prevent injuries by intoxicated employees leaving holiday parties. To minimize the risk of liability an employer should do the following:

  • Keep attendance at parties voluntary and host the celebration off-site and outside of normal business hours.
  • Use professional bartenders and instruct them not to serve anyone who appears intoxicated.
  • Nevada law requires bartenders at “most’ events to go through the online alcohol awareness training.  Visit to learn more
  • Distribute drink tickets to limit the number of free drinks or limit the time for open bar.
  • Serve lots of free food to soak up the alcohol.
  • Ask trusted managers and supervisors to be on the look-out for people who have had too much to drink and unable to drive or need assistance getting home.
  • Pay for cabs or Uber to take impaired employees and guests home or offer designated drivers.

Socializing, alcohol, and mistletoe combine to create an environment that can lead to sexual harassment or fighting. Just because it’s a holiday party doesn’t mean you can’t be liable for what happens as an employer. Employee lawsuits can result from voluntary events held outside the office and outside normal work hours.

  • Remind employees about company anti-harassment policies before the party.
  • If your business does not have an anti-harassment policy, get one!  Check out the free sample policy developed by NFIB. Have an attorney review it.
  • Don’t hang mistletoe.
  • Ask trusted managers and supervisors to intervene and stop any fighting or inappropriate conduct witnesses or reported.
  • Finally, make sure that all employees understand that a holiday party is a work-related activity and that rules for appropriate work behavior still apply.


For more than 75 years, NFIB has been advocating on behalf of America’s small and independent business owners, both in Washington, D.C., and in all 50 state capitals. NFIB is nonprofit, nonpartisan, and member-driven. Since our founding in 1943, NFIB has been exclusively dedicated to small and independent businesses and remains so today. For more information, please visit

National Federation of Independent Business
1201 F St. Suite 200
Washington, D.C. 20004


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