Los Angeles, CA asked in Employment Law for California

Q: City golf course contractor employer prevents employees from drinking at site restaurant on off days. public can drink

It's a City owned course in Pasadena, CA next to the Rose Bowl managed by contract (Troon). Rose Bowl (City) manages the contract. 30-40 employees are prevented from drinking in the course restaurant/bar. Most are upset. Same policy when attending other events; meeting rooms, outdoor concerts, private golf tournaments, football tailgating, etc.

Not a Troon company wide policy.

City & Rose Bowl employees are allowed to drink at all locations

I asked Troon HR if this was legal when not a company wide policy. They said they have different policies at each site set by the site and it WAS legal.

They would not provide this decision in writing but said I should make a note myself

They would not allow a discussion with their legal staff to explain why its legal

They said many of their sites do the same but would not name any.

HR kept repeating that they allow each site to make their own rules.

Just want to have a drink with friends after golf on my own City course.

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3 Lawyer Answers

A: It is not unlawful discrimination to treat you differently because of who employs you. The employer has the right to have rules of this sort. You are not in a protected class of people because you are employee of you employer. As an at will employee you have the right to find work elsewhere and quit your present job if drinking at the employer's establish is that important to you, Good luck to you.

A: I presume this question is based on the premise that you have implied but not stated fully: employees, during *non-working hours* that visit their place of work (City golf course) are not allowed to drink while on the premises, whether or not they are working that day or at the time.

If this is the case, it seems to be an attempt for the Company to control its employees during non-working hours; i.e., this could present an issue as to when you work shift ends and when it begins, as the Company is preventing you from taking a purely recreational action, even though your hourly timesheet will never reflect that time nor will employee likelihood be compensated at all. It sounds unfair enough to suggest there are possible remedies that are being overlooked in order to keep a status quo.

Secondly, I see this as possibly a non-issue style-situation purely by way of the difficulty of enforcing the alleged "policy." It is hard to expect to see active employees refusing to serve beverages to former employees, or at least telling their managers when their fellow employees do so.

Ultimately, yes it is unfair, but you would need a high level of documentary evidence to support that you are in essence being asked to relinquish control of your non-working hours for the benefit of the employer and without compensation. It smells like there is a case there, but you would have to confirm after a consultation with the managing lawyer for the matter.

James L. Arrasmith
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Answered

A: Your situation raises some concerning employment law questions under California labor code, particularly regarding off-duty conduct and discrimination between different classes of employees at the same location.

While employers can generally set workplace policies, restricting off-duty employees from engaging in legal activities (like drinking alcohol) at public venues could potentially violate California Labor Code Section 96(k) and 98.6, which protect employees' lawful conduct during non-working hours. The fact that this policy singles out Troon employees while allowing other city workers and the general public to drink may constitute unfair treatment.

You might consider filing a complaint with the California Labor Commissioner's Office or consulting with an employment lawyer who can review the specific details of your case. Given that Troon HR was unwilling to provide written documentation or legal justification for this policy, and that it's not company-wide, there could be grounds to challenge this restriction. Keep detailed records of all communications with HR and any instances where you've observed different treatment between employee groups.

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