Halloween is nearly upon us, and some employers may wish to sponsor a workplace Monster Mash!
Done right, a Halloween celebration can be a real graveyard smash: it’s a chance to have some fun, recognize your team, lift morale, and build camaraderie. Done wrong, it can conjure up some truly frightening employment-law problems, including claims of harassment, discrimination, and wage and hour violations.
Before your office spooktacular occurs, keep these best practices in mind so that nothing goes bump in the night (or in the break room):
Costumes: Dress to Impress, Not to Distress
Costumes let employees show off their creative side, but a costume can also create monster-sized problem. There are security concerns if someone is wearing a mask or full-face makeup making it impossible to identify who is walking through your doors.
Some costumes can get caught in machinery, which raises safety concerns. And some costumes will simply offend coworkers, which raises legal ones.
Your costume guidelines should put a stake through the heart of any costume that is:
- Culturally insensitive (e.g., portraying someone of a different race or ethnicity);
- Sexually provocative (e.g., naughty nurses and shirtless Tarzans);
- Political (e.g., the president, or a “creative” interpretation of the president);
- Racially or ethnically derogatory, or based on racial or cultural stereotypes;
- An impersonation of co-workers, supervisors, or the company’s CEO (nobody wants to see their boss’s evil twin);
- Mocking of a religion or religious practice;
- Mocking of a disability or medical condition;
- A weapon or realistic weapon replica; or
- excessively violent or threatening. Save the gore for the haunted house.
Halloween Is Not Mandatory (No One Should Be Dragged Into This Crypt)
Employees should never be required to wear a costume, enter a costume contest, decorate their workspace, or attend a Halloween celebration, whether during or outside of working hours. Employees should not be made to feel they must join in because it is “expected” and they don’t want to stand out as the lone ghoul missing from the party.
Voluntary participation matters most when an employee opts out for religious reasons. If an employee prefers not to join the festivities, acknowledge it, talk with them, and find out how they would be most comfortable while the cobwebs are flying.
Wage & Hour Considerations: Don’t Let Unpaid Time Haunt You
Non-exempt employees must be paid for all hours worked, and they are entitled to a meal break of at least one-half hour during which they are free to leave the premises.
If the Halloween party is scheduled over lunch, beware: it could lead to a missed meal period violation, and that means paying a missed meal period premium.
The fix is simple. Offer employees the chance to take their 30-minute meal break either before or after the office lunch, depending on timing, so that the meal break begins by the end of the 5th hour of work.
Also, resist the urge to have employees work “off the clock” to set up the party. Think twice before telling hourly employees, “Please come in 30 minutes early to decorate your department,” or “Everyone needs to stay after work to set up for the Halloween party.” If employees are required or permitted to perform work-related activities, that time may need to be counted as hours worked.
Office Decorations: Cobwebs Yes, Cautionary Tales No
Employees who celebrate Halloween may want to deck out their desks, offices, or common areas with pumpkins, ghosts, cobwebs, and skulls. Some may go further and add headstones or grave rubbings. Others who celebrate Día de los Muertos may adorn their cubicles with sugar skulls and papel picado banners. Every decoration should be weighed for whether it could offend others, either because of religious beliefs or simply because it’s too graphic for the workplace.
Employers may adopt policies governing religious displays, but those policies must treat all faiths consistently. If you allow an employee to put a menorah or Christmas decorations on their desk, you cannot turn around and deny another employee the chance to build a Día de los Muertos altar.
Finally, make sure decorations don’t create real-life horrors: blocked walkways, blocked emergency exits, fire hazards, and electrical hazards are scarier than any skeleton.
Setting the Tone: Cast the Right Spell
Give employees notice of any Halloween celebration, along with its parameters and ground rules. Here is some sample language to get you started:
“Employees are invited to participate in our Halloween celebration. Participation is completely voluntary, and employees who choose not to participate will not be treated differently as a result.”
“Halloween costumes are welcome but they must comply with the company’s workplace-conduct, anti-harassment, and anti-discrimination policies and may not be offensive, discriminatory, threatening, sexually explicit, or demeaning.
The Final Scare
The goal of any workplace Halloween celebration is simple: more treats and fewer tricks. Plan ahead, keep it voluntary, and keep it respectful. Happy Halloween!
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