1. Restrict alcohol consumption.
Don't assume that you must make drinks available; consider an alcohol-free party. Reasonable limits include serving only beer and wine and issuing drink tickets. That is, if you provide only two free beverage servings to each employee and ask that additional drinks be purchased, there's a measure of control. You can also limit the hours during which alcohol is served, closing the bar once the meal has begun. And you may wish to designate a group of supervisors to act as chaperones during the event, particularly watching for intoxication.

2. Make food a big part of the celebration.
This will reduce the effects of alcohol consumption. However, bar snacks and other types of salty foods designed to increase thirst should be avoided at holiday parties. Also, consider holding the party away from your office, for two reasons. First, the owner of the facility you choose will be responsible if an employee is injured there. Second, an unfamiliar location encourages employees to carpool, or you could even rent a bus for transportation. That minimizes the risk of car accidents in transit.

3. Invite spouses or significant others.
The inclusion of family or friends will tend to make employees more cautious and circumspect in their behavior. As well, spouses and others will feel included in the employee's work life.

4. Limit the party hours.
For example, end the party at 6 p.m. instead of 8 p.m and you'll avoid the opportunity for employees to overindulge.

5. Consider implementing a party/disclosure waiver.
Although this is a more conservative approach, it is another way to avoid liability. This is a carefully crafted statement to the effect that participation in an employer-sponsored party is completely voluntary on the part of each employee. It also informs employees that they will be required to behave responsibly on their way to and from the party and during the festivities, with an emphasis on alcohol consumption. One feature of the document should be to encourage employees to carpool to the event and/or to choose a designated driver in the family or work group in case of over consumption. Each employee is then required to sign his or her understanding and acceptance of the waiver. Most of all, you've put them on notice that you expect proper and safe behavior.

Finally, you should revisit with your staff the organization's anti-discrimination and anti-harassment policies. This also would provide a timely opportunity for the annual training update as well as a chance to role-play some specific party scenarios that could occur when a very informal atmosphere prevails, and some employees have had a few too many. What should supervisors watch out for during the party? What steps should they take immediately if someone behaves inappropriately? How should they respond to a subordinate who later complains of something that happened at the party?

Have a wonderful and safe holiday season from the staff of Business Essentials.

As always, we appreciate your thoughts on future topics as well as feedback on subjects covered in this and previous editions. Your feedback is important, so do take a moment and let us know your ideas on articles and subjects of interest to you and your colleagues.

Hedley Lawson, Jr. is the managing partner of Aligned Growth Partners, LLC, a strategic, operational and organizational consulting and executive search firm. Lawson also serves as consulting editor for Jobson's Business Essentials monthly e-newsletter.

2. Write down the 10-step process for reaching agreement and keep it posted.
To reach agreement, Maruska offers this 10-step process:

1. Enlist everyone.

In order to be a good manager, you must be careful to distinctly define the boundaries between yourself and your practice staff. Here are some points to remember:

For this reason, selecting competent service providers is one of the most important responsibilities of a plan sponsor. The process of selecting service providers will vary depending on the plan and services to be provided. To assist business owners in carrying out their responsibilities under ERISA to prudently select and monitor plan service providers, the Employee Benefits Security Administration has prepared the following tips which may be a helpful starting point:

1. Consider what services you need for your plan—legal, accounting, trustee/custodial, recordkeeping, investment management, investment education or advice.




2. Ask service providers about their services, experience with employee benefit plans, fees and expenses, customer references or other information relating to the quality of their services and customer satisfaction with such services.

   
   

3. Present each prospective service provider identical and complete information regarding the needs of your plan. You may want to get formal bids from those providers that seem best suited to your needs.




4. You may also wish to consider service providers or alliances of providers who provide multiple services (e.g., custodial trustee, investment management, education or advice, and recordkeeping) for a single fee. These arrangements are often called "bundled services."




5. Ask each prospective provider to be specific about which services are covered for the estimated fees and which are not. Compare the information you receive, including fees and expenses to be charged by the various providers for similar services. Note that plan fiduciaries are not always required to pick the least costly provider. Cost is only one factor to be considered in selecting a service provider. More information on pension plan fees and expenses can be found in Understanding Retirement Plan Fees and Expenses and the 401(k) Fee Disclosure Form, located at www.dol.gov/ebsa.




6. If the service provider will handle plan assets, check to make sure that the provider has a fidelity bond (a type of insurance that protects the plan against loss resulting from fraudulent or dishonest acts).

   
   

7. If a service provider must be licensed (attorneys, accountants, investment managers or advisors), check with state or federal licensing authorities to confirm the provider has an up-to-date license and whether there are any complaints pending against the provider.

   
   

8. Make sure you understand the terms of any agreements or contracts you sign with service providers and the fees and expenses associated with the contracts. In particular, understand what obligations both you and the service provider have under the agreement and whether the fees and expenses to be charged to you and plan participants are reasonable in light of the services provided.




9. Prepare a written record of the process you followed in reviewing potential service providers and the reasons for your selection of a particular provider. The record may be helpful in answering any future questions that may arise concerning your selection.




10. Receive a commitment from your service provider to regularly provide you with information regarding the services it provides and the fees it receives.




11. Periodically review the performance of your service providers to ensure that they are providing the services in a manner and at a cost consistent with the agreements.




12. Review plan participant comments or any complaints about the services and periodically ask whether there have been any changes in the information you received from the service provider prior to hiring (e.g., does the provider continue to maintain any required state or Federal licenses).