Remote work and inflation have resulted in some workers choosing to moonlight, working secondary jobs either to make ends meet or earn some extra spending money. Moonlighting policies may need to be adjusted accordingly, particularly in response to employees working secondary jobs at the same time they're supposed to be working their primary jobs. Here are some do's and don'ts in the revision of moonlighting policies that prohibit or merely restrict secondary work.
Moonlighting Prohibitions
"Moonlighting by day is one of the issues that should be addressed in a moonlighting policy," said Joe Harris, an attorney with A.Y. Strauss in New York City. "Employers should note that an employee is never permitted to use the employer's time or resources in connection with a second job or other outside work. Employers should treat moonlighting by day as a disciplinary matter."
One way to help discourage the practice is to note that the employer's electronic resources, such as its computers, computer networks and e-mail accounts, may be subject to occasional monitoring, he said. Be sure to comply with state and local laws for any applicable notification requirements.
"Don't treat the moonlighting policy as an afterthought or dismiss it as an issue that doesn't affect your organization," he cautioned. "Employers of all sizes and in all industries should have a considered position on whether employees will be permitted to moonlight and, if so, the circumstances under which it will be...
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