This topic came up for me recently – the issue of moonlighting.  That’s the practice of holding a second job, often in the evening or during free hours, in addition to one’s primary job.  It’s kind of been in the news a lot lately – with people working remotely from home there are all sorts of stories about them having multiple jobs, and their employer (or should I say – employers) didn’t even know.

Now, I know for a lot of employers – that kind of makes your hair stand on end.  But the fact is that, depending on where you’re located, moonlighting may be protected.  Actually in California, it’s not uncommon for employees to take on secondary roles to support their lifestyle, passions, or simply to explore a new opportunity.  And yes, California is one of those states that protects moonlighting.

Yes, in California, moonlighting is not illegal. This state, like many others, protects what an employee does during their non-work hours. However, it’s not as clear cut as it sounds. There are guardrails around conflict of interest, performance, and company policies that can create a complex matrix for both you as the employer and your team member to navigate.

California has always been at the forefront of employee rights. The state firmly believes in an individual’s right to privacy and autonomy, especially when off the clock. That principle holds that, what an employee does during their own time is their business, so long as it doesn’t violate any laws or explicit company policies.

And now, the guardrails: the first is the grey zone of Conflict of Interest.  One of the primary concerns most businesses have is the potential conflict of interest that can happen when an employee moonlights.

What if their secondary job is with a competitor or a vendor? Or, what if their role in the other job actually compromises the integrity or confidentiality of their primary job?