Can Employees Be Restricted From Working a Second Job? A Guide for Employers

Can employers restrict employees from working a second job? Learn about the legal implications and best practices for approaching this issue.

Save 90% on your legal bills

As an employer, you may be wondering if you can restrict your employees from working a second job. The answer is not a simple yes or no, as it depends on various factors. In this article, we'll explore the legal implications of restricting employees from working a second job and provide guidance on how to approach this issue.

Can employers restrict employees from working a second job? The short answer is yes, but with some limitations. Under the Fair Labor Standards Act (FLSA), employers are allowed to restrict employees from working a second job if it would interfere with their primary job duties. However, this restriction must be reasonable and not discriminatory.

For example, if an employee is working a second job that requires them to be available during their primary job's working hours, an employer may be able to restrict them from working that second job. However, if the employee's second job is completely unrelated to their primary job, an employer may not be able to restrict them from working it.

It's also important to note that some states have laws that prohibit employers from restricting employees from working a second job. For example, California law prohibits employers from restricting employees from working a second job unless it would interfere with their primary job duties.

So, how can employers approach this issue? Here are some tips:

  • Review your company's policies and procedures to ensure they are compliant with federal and state laws.
  • Clearly communicate your expectations to employees regarding their primary job duties and any restrictions on working a second job.
  • Be prepared to provide a reasonable accommodation if an employee requests one, such as flexible scheduling or telecommuting options.
  • Consider offering incentives to employees who choose not to work a second job, such as additional benefits or bonuses.

In conclusion, while employers can restrict employees from working a second job, they must do so in a reasonable and non-discriminatory manner. By understanding the legal implications and following best practices, employers can navigate this issue and maintain a positive and productive work environment.

Legal help, anytime and anywhere

Join launch list and get access to Cimphony for a discounted early bird price, Cimphony goes live in 7 days
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Unlimited all-inclusive to achieve maximum returns
$399
$299
one time lifetime price
Access to all contract drafting
Unlimited user accounts
Unlimited contract analyze, review
Access to all editing blocks
e-Sign within seconds
Start 14 Days Free Trial
For a small company that wants to show what it's worth.
$29
$19
Per User / Per month
10 contracts drafting
5 User accounts
3 contracts analyze, review
Access to all editing blocks
e-Sign within seconds
Start 14 Days Free Trial
Free start for your project on our platform.
$19
$9
Per User / Per Month
1 contract draft
1 User account
3 contracts analyze, review
Access to all editing blocks
e-Sign within seconds
Start 14 Days Free Trial
Lifetime unlimited
Unlimited all-inclusive to achieve maximum returns
$999
$699
one time lifetime price

6 plans remaining at this price
Access to all legal document creation
Unlimited user accounts
Unlimited document analyze, review
Access to all editing blocks
e-Sign within seconds
Start 14 Days Free Trial
Monthly
For a company that wants to show what it's worth.
$99
$79
Per User / Per month
10 document drafting
5 User accounts
3 document analyze, review
Access to all editing blocks
e-Sign within seconds
Start 14 Days Free Trial
Base
Business owners starting on our platform.
$69
$49
Per User / Per Month
1 document draft
1 User account
3 document analyze, review
Access to all editing blocks
e-Sign within seconds
Start 14 Days Free Trial

Save 90% on your legal bills

Start Today