Moonlighting

As a result of these tough economic times we are seeing more and more employees working a second job.  Recent statistics released by the U.S. Department of Labor's Bureau of Labor Statistics show that 5 percent of Americans held multiple jobs in May 2012.  Can an employee's “moonlighting” create serious problems for an employer?  Can a company restrict an employee’s right to work a second job? 

Oftentimes employers prohibit employees from holding second jobs.  In some instances, the employer can lawfully prohibit or severely limit employees working second jobs.  Specifically those jobs that are medically, emergency or safety related. 

Outside employment can be cause for disciplinary action if the following occurs:

1.     Dishonesty (the employee is taking sick leave to work a second job.)  Recommendation:  Prohibit outside work during normally scheduled business hours.

2.     The second job is negatively impacting the employees’ performance, attendance.  Recommendation:  Prohibit any outside work that interferes with the employee’s job performance. 

3.      There is a violation of a non-compete. 

4.      There is a disclosure of company information.

Creating a separate “moonlighting” policy can be beneficial for your organization.  However, keep in mind that many state laws protect employees’ lives and their ability to make a living.   Focus on the legitimate, employment-related concerns to create and enforce a “moonlighting” policy.