Good news for employers worried about their public image: If you provide carpool transportation for your employees and want to control their behavior while using that transportation, you can.
Recent case: Arnaldo and several other employees at a theme park regularly used a company-provided carpool van to commute to and from work. When they signed up for the service, they agreed not to drink alcohol while riding in the van. They were fired when a co-worker reported that they had been drinking on the way home.
They sued, alleging that the park had no right to limit their participation in a legal activity—drinking alcohol while riding (not driving) in a carpool van.
The court tossed out their case, ruling that the employer had the right to limit such employee behavior. (Pinto, et al., v. Disney, No. 11-56781, 9th Cir., 2013)