What is the test for determining whether an employer is liable for an employee's alcohol consumption during the course of their employment?

California, United States of America


The following excerpt is from Childers v. Shasta Livestock Auction Yard, Inc., 190 Cal.App.3d 792, 235 Cal.Rptr. 641 (Cal. App. 1987):

As these cases (and the one before us) illustrate, the employer's liability is premised upon a sufficient showing that the employee's consumption of alcohol was a customary incident of the employment and was sufficiently of benefit to the employer to fall within the "scope of employment." (Rodgers v. Kemper Constr. Co., supra, 50 Cal.App.3d at p. 620, 124 Cal.Rptr. 143.) Once the risk (the consumption of alcohol) is shown to have been created within the

Page 650

Other Questions


Is an employer liable for payment of workers' compensation to an employee when the employee sustains an injury arising out of and in the course of the employment? (California, United States of America)
Can an employer be held liable for damages arising out of and in the course of employment for injuries sustained by an employee in a motor vehicle accident? (California, United States of America)
What is the test for determining whether an injury arising out of employment is a contributory factor in determining whether a claim can be made under section 3600 of the California Labor Code? (California, United States of America)
What is the test for determining whether a claim against an employer can be treated as an ordinary dispute between an employer and employee? (California, United States of America)
What is the test to determine whether an employee is exempt from the California Employee Benefits Act? (California, United States of America)
What is the test for determining whether an employee has acted within the scope of their employment? (California, United States of America)
Is there any evidence that alcohol was not a factor in determining whether a defendant's mental state was impaired by alcohol? (California, United States of America)
Can an employer be held liable for breach of contract if an employee discovers that the employee has agreed to work for them at a lower wage than the prevailing wage? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the test for determining whether an employer's discharge of an employee's debt is taxable income? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.