Most kids love Halloween, but many employers anticipate its arrival with a sense of dread.
The primary reason for workplace angst: How do you control employees who want to dress up in Halloween costumes for the workday?
Susan Kemp, senior labor law counsel for the Sacramento-based California Chamber of Commerce, says it's simple: Spell out the rules to the workers.
"It comes down to: What's your policy with your dress code, and are you going to change it for Halloween?" Kemp said. "It's very important that employers make clear what they will allow and what they will not allow, before it becomes a problem or an issue in the workplace."
With an eye on Friday – Halloween eve and the day when local workers are most likely to don costumes – Kemp said employers need to communicate their costume-tolerance threshold to workers.
That threshold varies by business type.
"Costumes in a retail store might be OK, but not at another business where clients have certain expectations," Kemp said.
In other words, it's probably not a good idea to dress as Count Dracula when you're closing a multimillion-dollar business deal with a longtime client.
And then there are issues of appropriateness.
Kemp said she's heard of in- office Halloween costumes depicting prostitutes and their pimp. Bad idea.
Sexually suggestive costumes are taboo, and potentially serious trouble for business operators.
"The last thing you want is something that could result in a sexual harassment claim at work," Kemp noted. "I think you have to be specific in your dress code. If you're going to allow costumes, what will you allow, especially with regard to what is sexually provocative or suggestive or whatever? …
"Let's say your dress code says no aggressively short shorts, then you're not going allow someone to be Daisy Mae (the voluptuous character in the 'Li'l Abner' comic strip) for the day."
Since numerous businesses are multifaceted, Kemp said, employers need specific provisions in their dress codes: "Are you not going to allow people to dress up in certain departments, but allow it in other departments? Are you going to allow workers in costumes to have interaction with customers in certain climates? Are you going to limit (costumes) to particular hours? Are you going to allow employees to get dressed up for a luncheon? And what's appropriate?
"These are the kinds of issues you need to address, and you have to be clear about what will not be tolerated."
Call The Bee's Mark Glover, (916) 321-1184.
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