Is it legal to work several jobs?

 

 

Working several jobs is not uncommon, but are you legally protected in your state? Find out more here.

What you will discover:

Is it legal to work many gigs or jobs at once?
Can I be fired from my full-time job for doing a side hustle even if I have not broken any business regulations or violated an employment contract?
Can my employer restrict when and how I engage in side hustles or gigs, even for simple tasks like answering phones or emails?
Should I inform my supervisor if I have a side hustle or extra employment in addition to my main job?
What constraints may an employment contract, nondisclosure agreement, or noncompete provision have on my ability to perform a side hustle or extra gigs?

Because of the advent of the sharing and gig economies, side hustles are more widespread than ever. While moonlighting is legal in every state, it does not imply that every employer must permit it. Most states allow employers to establish policies that limit or restrict certain moonlighting activities. As a consequence, a moonlighting employee may violate their employer’s rules and regulations. Here are answers to frequently asked questions about your right to work multiple jobs.

Is it legal to work many gigs or jobs at once?

Yes. Working more than one job is lawful under federal law and the rules of every state, even if one of your occupations is full-time. According to the United States Department of Labor, 7 to 8 million Americans, or about 5% of the overall workforce, work several jobs.

However, depending on your state of residence, Employment Contracts, Independent Contractor Agreements, or company policy may limit your ability to work multiple jobs. Before signing an Employment Contract or starting a second job or gig, always thoroughly read your proposed employment contract and the company’s Employee Handbook for any provisions or policies regarding side hustles.

Can I be fired from my full-time job for doing a side hustle even if I have not broken any business regulations or violated an employment contract?

Possibly. The answer is dependent on where you reside as well as the reason you were dismissed.

In every state, your full-time employer has the right to terminate you if your side hustle significantly interferes with your full-time obligations. This covers not just apparent interferences like working on your side hustle during your full-time job’s work hours, but also more subtle issues like allowing your side hustle to deplete your energy to the point where your full-time job suffers. Another factor to examine is if you work for a rival of your full-time employer or engage in commercial activity that competes with your full-time employer. Such difficulties may provide your full-time employer with justification to terminate you.

Even if you avoid these hazards, several jurisdictions still allow employers to penalize or terminate workers for working more than one job. These states, sometimes known as at-will employment states, allow employers to terminate employees for nearly any reason, or even for no reason at all. Other states allow employers to fire employees for engaging in a side hustle if it violates a term of their employment contract or company policy.

Alternatively, certain states and the District of Columbia explicitly protect workers’ rights to work multiple jobs. These are also known as moonlighting or off-duty conduct laws. Just last year, for example, Washington, D.C. passed legislation prohibiting employers from requiring employees to work multiple jobs. The state of Washington approved a similar rule in 2019, with exceptions for regulations necessary to ensure employee safety or maintain regular business hours. Furthermore, employers in California are prohibited from interfering with employees’ lawful conduct that occurs during non-work hours and away from the employer’s premises.

Can my employer restrict when and how I engage in side hustles or gigs, even for simple tasks like answering phones or emails?

Yes. Employers pay you for your time during the hours you work for them and have the authority to prevent you from working on your side hustle during those hours. This is true even for basic and quick activities like returning phone calls or replying to emails. Employers, too, have the authority to prohibit you from utilizing work resources or equipment, such as computers or mobile phones, to conduct a side hustle business. Even in states that safeguard an employee’s ability to perform multiple jobs, violating these limits is deemed “just cause” to penalize or terminate them.

Should I inform my supervisor if I have a side hustle or extra employment in addition to my main job?

Probably. While no law requires employees to notify their employers about a second or third job, some companies have policies that explicitly require employees to notify or seek approval from their employer before engaging in outside work. If your organization has such a policy, failing to follow it may result in you being disciplined or fired.

Whether or not your firm has a policy against moonlighting, if you intend to work several jobs for an extended length of time, you can expect your employer to find out about it at some point. In such instance, it is usually advisable to be proactive and inform your supervisor rather than someone else. When you are ready to reveal your side venture, be upfront and honest with your employer. Assure your employer that you are following all business regulations and refer to your consistent job performance as evidence that your extracurricular activities will not interfere with your day job. Finally, consider mentioning any additional skills you have gained through your side hustle.

What constraints may an employment contract, nondisclosure agreement, or noncompete provision have on my ability to perform a side hustle or extra gigs?

An Employment Contract may fully prevent you from participating in outside employment or put additional limits on the amount of hours you may work or the sort of job you can undertake, depending on the state in which you reside.

A Non-Disclosure Agreement forbids you from sharing certain information about your full-time employment. A Noncompete Agreement, on the other hand, prohibits you from working for your company’s rivals or creating a firm that competes with your employer within a certain geographic region for a set period of time. It is generally regarded best practice not to participate in outside job that competes with your company.