Moonlighting Policy Example<\/span><\/i><\/h4>\n![\"Moonlighting](\"https:\/\/blog.harmonizehq.com\/wp-content\/themes\/veen\/assets\/images\/transparent.gif\")
<\/p>\n
A moonlighting policy can be very beneficial to an employer as it is not uncommon for employees to have more than one job. With a moonlighting policy in place, an employer can regulate the impact of an employee\u2019s secondary job, and guarantee that the employee prioritises their company\u2019s work over others. It also ensures that if an employee happens to be working for a competitor, that they will focus more on work from their primary employer.\u00a0<\/span><\/p>\nMoonlighting Policy Benefits<\/b>\u00a0<\/span><\/h2>\nA moonlighting policy is beneficial because it can increase employee productivity. There are several ways that an employee\u2019s external work can negatively impact a business. For example:<\/span><\/p>\n<\/span><\/p>\nWith a moonlighting policy, as there is a shift in prioritisation, employees will better focus on employer\u2019s tasks which could increase the overall productivity of a business.\u00a0<\/span><\/p>\nIs a Moonlighting Policy Legal?<\/b><\/h2>\n
The short answer is <\/span>yes<\/span><\/a>. Moonlighting policies are generally legal, however the best way to ensure that an employer\u2019s policy is legal, is to ensure that it relates to and addresses business-related concerns. There are a series of laws that regulate off-duty conduct, and they prohibit an employer from <\/span>intruding<\/span><\/a> on an employee\u2019s life outside of work. As such, if an employer aims to establish a moonlighting policy it is key that they remain business focused to avoid infringing these laws. This is especially because most statutes prohibiting employer regulation of off-duty conduct, usually allow prohibitions based on business-related concerns.\u00a0<\/span><\/p>\nSome <\/span>examples<\/span><\/a> of business-related concerns include:<\/span><\/p>\n<\/p>\n
The above list is not exhaustive and employers may opt to implement more prohibitions as long as they are related to their business. It must be noted however, that in the United States, laws on moonlighting may <\/span>vary<\/span><\/a> slightly from State to State. As such, it is advised that if employers want more specific advice on what they are allowed to prohibit, they should consult a local lawyer. For example, some States allow employers to completely ban moonlighting, where some only permit prohibitions on specific actions, such as those mentioned in the above example. Despite this, in general, if an employer sticks to prohibiting actions based on business-related concerns their moonlighting policy will be legal.\u00a0<\/span><\/p>\nIf an employer wishes, they could also have an indirect moonlighting policy. For example, they could institute a conflict of interest policy, or a policy addressing confidential information, or even an overtime policy. To illustrate further, a conflict of interest policy could result in an employee not being able to conduct any activities which could be deemed as against an employer\u2019s interest. Therefore, resulting in an employee being more likely to consider the primary employer as their main responsibility. Employers could also adopt an approval policy for employees wishing to undertake external employment so there is opportunity to determine whether desired work would create a conflict of interest. Either method could afford an employer the same result without breaching any laws.\u00a0<\/span><\/p>\nEmployers must also take precautions to ensure that they are not inconsistently applying moonlighting policies. If they do, and they do so against an employee that has a <\/span>protected characteristic<\/span><\/a>, they could face a discrimination claim.\u00a0<\/span><\/p>\nMoonlighting Policy vs Moonlighting Ban<\/b><\/h2>\n
Some employers choose to establish a moonlighting ban (also known as a \u201cno moonlighting clause\u201d) over a moonlighting policy. What is the difference? A moonlighting ban prohibits employees from moonlighting in general, whereas a moonlighting policy can be seen as a guide to moonlighting. Both a moonlighting policy and a moonlighting ban essentially achieve similar goals, they can prevent conflicts of interest and increase an employees focus on work from the primary employer. However, there are some disadvantages associated with banning moonlighting as opposed to developing a moonlighting policy.\u00a0<\/span><\/p>\n<\/p>\n
As can be seen above, moonlighting bans are illegal in some States, additionally, they can be perceived as hostile and could result in employer\u2019s finding it harder to retain employees. For example, in the case of <\/span>Nicholson Terminal & Dock Co<\/span><\/a>, the courts struck down a moonlighting ban on the basis that it was too restrictive. Consequently, there tends to be a preference for adopting a moonlighting policy as it can achieve the same results as a moonlighting ban whilst also, in most instances, being legal.\u00a0<\/span><\/p>\nWhat Should be Included in a Moonlighting Policy?<\/b><\/h2>\n
The following are the standard sections and terms that you find within a moonlighting policy. An employer does not have to implement all of these in their moonlighting policy, equally, they could opt to have these sections and include additional guidelines. What an employer decides to include is dependent on their circumstance.\u00a0<\/span><\/p>\nScope<\/span><\/h3>\nFirstly, it is important that the employer outlines who will be covered by the moonlighting policy. Typically, employers choose to limit the scope of their moonlighting policy to all full-time employees. However, an employer can decide which employees will be covered based on their business needs. For example, an employer may extend a moonlighting policy to part-time employees who are required to work at least 25 hours a week and are on a salary.\u00a0<\/span><\/p>\nIt must also be noted that it is good practice for employers to also state that their policy applies to legal activities. Further, it is not uncommon to state that legal action may be taken against employees that use their employer\u2019s resources to conduct illegal activities.\u00a0<\/span><\/p>\nDefinitions\u00a0<\/span><\/h3>\nIt is useful for employers to outline what type of work will be covered by their moonlighting policy. Will volunteer work qualify? Will working for a coffee shop? A good moonlighting policy outlines and defines what they consider a secondary or side job.\u00a0<\/span><\/p>\nSome employers choose to define a secondary job as regular, paid work (permanent or temporary) that has specific responsibilities. Under this definition an employee that works at a coffee shop that expects them to work regularly, would be covered by a moonlighting policy. On the other hand, work such as volunteering, freelancing, or working occasionally at a friend\u2019s or family business would not be covered by the moonlighting policy. That said, if a freelancer often works regular hours, or works hours that clash with normal working hours they may fall under this policy.\u00a0<\/span><\/p>\nIf the above definition does not suit an employer\u2019s desired policy, they may choose to define a secondary job differently. That said, employers must remember to ensure that any restriction placed on employees fit within the intention of managing business-related concerns. It is important that when developing a moonlighting policy an employer can justify their decisions on the basis of mitigating negative effects on their business.\u00a0<\/span><\/p>\nPolicy Elements\u00a0<\/span><\/h3>\nThe following are examples of some protections an employer may like to include in their moonlighting policy.<\/span><\/p>\nProhibition on working for competitors:<\/span><\/i>\u00a0<\/span><\/h4>\nThis provision is one of the most common terms in a moonlighting policy. This will ensure that there is a significantly reduced chance of employees benefitting competitors by divulging any of their employers trade secrets. Equally, employees will be unable to use training gained at their employers workplace to benefit their employer\u2019s competitors while they are under their employ.\u00a0<\/span><\/p>\nIt is also advisable for an employer to highlight who they consider to be a competitor. Typically, this is limited to competitors that an employer directly competes with.<\/span><\/p>\nMoonlighting Policy Example:<\/span><\/i><\/p>\n<\/p>\n
Prohibit employee taking up a job that clashes with working hours:<\/span><\/i>\u00a0<\/span><\/h4>\nThis will ensure that an employee prioritises work at their primary workplace over their secondary job.\u00a0<\/span><\/p>\nMoonlighting Policy Example:<\/span><\/i><\/p>\n<\/span><\/i><\/p>\nProhibition on Taking a Job that has a workload that is too demanding:<\/span><\/i>\u00a0<\/span><\/h4>\nThis will ensure that an employee\u2019s performance at their primary workplace is not negatively impacted due to them being too tired or distracted as a result of their secondary job.<\/span><\/p>\nMoonlighting Policy Example:<\/span><\/i><\/p>\n<\/p>\n
Prohibition on Accepting a Job that could result in a Conflict of Interest:<\/span><\/i><\/h4>\nThis provision covers any activity that could be construed as creating a <\/span>conflict of interest<\/span><\/a>. This would ensure that employees are prohibited from taking part in any activity that will interfere with their overall service to their primary employer.\u00a0<\/span><\/p>\nMoonlighting Policy Example:<\/span><\/i><\/p>\n<\/p>\n
Prohibit Employee from Using Primary Employer Resources for secondary Job:<\/span><\/i>\u00a0<\/span><\/h4>\nEmployers may choose to define what equipment can be used by the employee for external activities. In general, employers do not permit employees to use their resources for any external activity, but in the case of a company car an employer may choose to allow an exception for example. An employer should detail what, if any, resources may be used for external purposes.<\/span><\/p>\nMoonlighting Policy Example:<\/span><\/i><\/p>\n<\/p>\n
Requirement for employee Accepting a new job to request approval from employer:<\/span><\/i><\/h4>\nThis section of a moonlighting policy is typically associated with the requirement not to work for competitors. The purpose of this section is to give an employer the opportunity to ensure that the secondary employment an employee wishes to undertake does not present a conflict of interest, or negatively impact the employer.\u00a0<\/span><\/p>\nMoonlighting Policy Example:\u00a0<\/span><\/i><\/p>\n<\/p>\n
Intellectual Property Considerations:<\/span><\/i><\/h4>\nIn some cases employees create policies and procedures for their employer that are considered the employer\u2019s intellectual property. In such circumstances the employer may want to prohibit the employee from producing intellectual property for other businesses while they are under their employ.\u00a0<\/span><\/p>\nMoonlighting Policy Example:<\/span><\/i><\/p>\n<\/p>\n
Moonlighting Policy Sample<\/span><\/i><\/h4>\nYou can find moonlighting policy samples here:<\/span><\/p>\n\n- Example 1<\/span><\/a><\/li>\n
- Example 2<\/span><\/a>\u00a0<\/span><\/li>\n
- Example 3<\/span><\/a><\/li>\n<\/ul>\n
What should Managers Do?<\/b><\/h2>\n
When managers receive notice that an employee is moonlighting, it is advised that they document this information and check to see if any rules have been breached. For example, an employee may unknowingly take up employment with a competitor. Breaches may not be intentional, so it is good for managers to cross-check. If employees are moonlighting based on financial issues, it may also be good for managers to see if there is any way they can assist the employee. One possible solution could be offering an employee more hours if they get paid for each hour of work they do. If an employee is considering external employment due to better promotional possibilities, a manager could advise them on how to obtain a promotion within their company.\u00a0<\/span><\/p>\nWhat if an Employee Violates a Moonlighting Policy?<\/b><\/h3>\n
![\"Moonlighting](\"https:\/\/blog.harmonizehq.com\/wp-content\/uploads\/Screen-Shot-2020-09-25-at-2.54.45-PM-300x97.png\")
<\/p>\nMoonlighting Policy Benefits<\/b>\u00a0<\/span><\/h2>\nA moonlighting policy is beneficial because it can increase employee productivity. There are several ways that an employee\u2019s external work can negatively impact a business. For example:<\/span><\/p>\n<\/span><\/p>\nWith a moonlighting policy, as there is a shift in prioritisation, employees will better focus on employer\u2019s tasks which could increase the overall productivity of a business.\u00a0<\/span><\/p>\nIs a Moonlighting Policy Legal?<\/b><\/h2>\n
The short answer is <\/span>yes<\/span><\/a>. Moonlighting policies are generally legal, however the best way to ensure that an employer\u2019s policy is legal, is to ensure that it relates to and addresses business-related concerns. There are a series of laws that regulate off-duty conduct, and they prohibit an employer from <\/span>intruding<\/span><\/a> on an employee\u2019s life outside of work. As such, if an employer aims to establish a moonlighting policy it is key that they remain business focused to avoid infringing these laws. This is especially because most statutes prohibiting employer regulation of off-duty conduct, usually allow prohibitions based on business-related concerns.\u00a0<\/span><\/p>\nSome <\/span>examples<\/span><\/a> of business-related concerns include:<\/span><\/p>\n<\/p>\n
The above list is not exhaustive and employers may opt to implement more prohibitions as long as they are related to their business. It must be noted however, that in the United States, laws on moonlighting may <\/span>vary<\/span><\/a> slightly from State to State. As such, it is advised that if employers want more specific advice on what they are allowed to prohibit, they should consult a local lawyer. For example, some States allow employers to completely ban moonlighting, where some only permit prohibitions on specific actions, such as those mentioned in the above example. Despite this, in general, if an employer sticks to prohibiting actions based on business-related concerns their moonlighting policy will be legal.\u00a0<\/span><\/p>\nIf an employer wishes, they could also have an indirect moonlighting policy. For example, they could institute a conflict of interest policy, or a policy addressing confidential information, or even an overtime policy. To illustrate further, a conflict of interest policy could result in an employee not being able to conduct any activities which could be deemed as against an employer\u2019s interest. Therefore, resulting in an employee being more likely to consider the primary employer as their main responsibility. Employers could also adopt an approval policy for employees wishing to undertake external employment so there is opportunity to determine whether desired work would create a conflict of interest. Either method could afford an employer the same result without breaching any laws.\u00a0<\/span><\/p>\nEmployers must also take precautions to ensure that they are not inconsistently applying moonlighting policies. If they do, and they do so against an employee that has a <\/span>protected characteristic<\/span><\/a>, they could face a discrimination claim.\u00a0<\/span><\/p>\nMoonlighting Policy vs Moonlighting Ban<\/b><\/h2>\n
Some employers choose to establish a moonlighting ban (also known as a \u201cno moonlighting clause\u201d) over a moonlighting policy. What is the difference? A moonlighting ban prohibits employees from moonlighting in general, whereas a moonlighting policy can be seen as a guide to moonlighting. Both a moonlighting policy and a moonlighting ban essentially achieve similar goals, they can prevent conflicts of interest and increase an employees focus on work from the primary employer. However, there are some disadvantages associated with banning moonlighting as opposed to developing a moonlighting policy.\u00a0<\/span><\/p>\n<\/p>\n
As can be seen above, moonlighting bans are illegal in some States, additionally, they can be perceived as hostile and could result in employer\u2019s finding it harder to retain employees. For example, in the case of <\/span>Nicholson Terminal & Dock Co<\/span><\/a>, the courts struck down a moonlighting ban on the basis that it was too restrictive. Consequently, there tends to be a preference for adopting a moonlighting policy as it can achieve the same results as a moonlighting ban whilst also, in most instances, being legal.\u00a0<\/span><\/p>\nWhat Should be Included in a Moonlighting Policy?<\/b><\/h2>\n
The following are the standard sections and terms that you find within a moonlighting policy. An employer does not have to implement all of these in their moonlighting policy, equally, they could opt to have these sections and include additional guidelines. What an employer decides to include is dependent on their circumstance.\u00a0<\/span><\/p>\nScope<\/span><\/h3>\nFirstly, it is important that the employer outlines who will be covered by the moonlighting policy. Typically, employers choose to limit the scope of their moonlighting policy to all full-time employees. However, an employer can decide which employees will be covered based on their business needs. For example, an employer may extend a moonlighting policy to part-time employees who are required to work at least 25 hours a week and are on a salary.\u00a0<\/span><\/p>\nIt must also be noted that it is good practice for employers to also state that their policy applies to legal activities. Further, it is not uncommon to state that legal action may be taken against employees that use their employer\u2019s resources to conduct illegal activities.\u00a0<\/span><\/p>\nDefinitions\u00a0<\/span><\/h3>\nIt is useful for employers to outline what type of work will be covered by their moonlighting policy. Will volunteer work qualify? Will working for a coffee shop? A good moonlighting policy outlines and defines what they consider a secondary or side job.\u00a0<\/span><\/p>\nSome employers choose to define a secondary job as regular, paid work (permanent or temporary) that has specific responsibilities. Under this definition an employee that works at a coffee shop that expects them to work regularly, would be covered by a moonlighting policy. On the other hand, work such as volunteering, freelancing, or working occasionally at a friend\u2019s or family business would not be covered by the moonlighting policy. That said, if a freelancer often works regular hours, or works hours that clash with normal working hours they may fall under this policy.\u00a0<\/span><\/p>\nIf the above definition does not suit an employer\u2019s desired policy, they may choose to define a secondary job differently. That said, employers must remember to ensure that any restriction placed on employees fit within the intention of managing business-related concerns. It is important that when developing a moonlighting policy an employer can justify their decisions on the basis of mitigating negative effects on their business.\u00a0<\/span><\/p>\nPolicy Elements\u00a0<\/span><\/h3>\nThe following are examples of some protections an employer may like to include in their moonlighting policy.<\/span><\/p>\nProhibition on working for competitors:<\/span><\/i>\u00a0<\/span><\/h4>\nThis provision is one of the most common terms in a moonlighting policy. This will ensure that there is a significantly reduced chance of employees benefitting competitors by divulging any of their employers trade secrets. Equally, employees will be unable to use training gained at their employers workplace to benefit their employer\u2019s competitors while they are under their employ.\u00a0<\/span><\/p>\nIt is also advisable for an employer to highlight who they consider to be a competitor. Typically, this is limited to competitors that an employer directly competes with.<\/span><\/p>\nMoonlighting Policy Example:<\/span><\/i><\/p>\n<\/p>\n
Prohibit employee taking up a job that clashes with working hours:<\/span><\/i>\u00a0<\/span><\/h4>\nThis will ensure that an employee prioritises work at their primary workplace over their secondary job.\u00a0<\/span><\/p>\nMoonlighting Policy Example:<\/span><\/i><\/p>\n<\/span><\/i><\/p>\nProhibition on Taking a Job that has a workload that is too demanding:<\/span><\/i>\u00a0<\/span><\/h4>\nThis will ensure that an employee\u2019s performance at their primary workplace is not negatively impacted due to them being too tired or distracted as a result of their secondary job.<\/span><\/p>\nMoonlighting Policy Example:<\/span><\/i><\/p>\n<\/p>\n
Prohibition on Accepting a Job that could result in a Conflict of Interest:<\/span><\/i><\/h4>\nThis provision covers any activity that could be construed as creating a <\/span>conflict of interest<\/span><\/a>. This would ensure that employees are prohibited from taking part in any activity that will interfere with their overall service to their primary employer.\u00a0<\/span><\/p>\nMoonlighting Policy Example:<\/span><\/i><\/p>\n<\/p>\n
Prohibit Employee from Using Primary Employer Resources for secondary Job:<\/span><\/i>\u00a0<\/span><\/h4>\nEmployers may choose to define what equipment can be used by the employee for external activities. In general, employers do not permit employees to use their resources for any external activity, but in the case of a company car an employer may choose to allow an exception for example. An employer should detail what, if any, resources may be used for external purposes.<\/span><\/p>\nMoonlighting Policy Example:<\/span><\/i><\/p>\n<\/p>\n
Requirement for employee Accepting a new job to request approval from employer:<\/span><\/i><\/h4>\nThis section of a moonlighting policy is typically associated with the requirement not to work for competitors. The purpose of this section is to give an employer the opportunity to ensure that the secondary employment an employee wishes to undertake does not present a conflict of interest, or negatively impact the employer.\u00a0<\/span><\/p>\nMoonlighting Policy Example:\u00a0<\/span><\/i><\/p>\n<\/p>\n
Intellectual Property Considerations:<\/span><\/i><\/h4>\nIn some cases employees create policies and procedures for their employer that are considered the employer\u2019s intellectual property. In such circumstances the employer may want to prohibit the employee from producing intellectual property for other businesses while they are under their employ.\u00a0<\/span><\/p>\nMoonlighting Policy Example:<\/span><\/i><\/p>\n<\/p>\n
Moonlighting Policy Sample<\/span><\/i><\/h4>\nYou can find moonlighting policy samples here:<\/span><\/p>\n\n- Example 1<\/span><\/a><\/li>\n
- Example 2<\/span><\/a>\u00a0<\/span><\/li>\n
- Example 3<\/span><\/a><\/li>\n<\/ul>\n
What should Managers Do?<\/b><\/h2>\n
When managers receive notice that an employee is moonlighting, it is advised that they document this information and check to see if any rules have been breached. For example, an employee may unknowingly take up employment with a competitor. Breaches may not be intentional, so it is good for managers to cross-check. If employees are moonlighting based on financial issues, it may also be good for managers to see if there is any way they can assist the employee. One possible solution could be offering an employee more hours if they get paid for each hour of work they do. If an employee is considering external employment due to better promotional possibilities, a manager could advise them on how to obtain a promotion within their company.\u00a0<\/span><\/p>\nWhat if an Employee Violates a Moonlighting Policy?<\/b><\/h3>\n
With a moonlighting policy, as there is a shift in prioritisation, employees will better focus on employer\u2019s tasks which could increase the overall productivity of a business.\u00a0<\/span><\/p>\n The short answer is <\/span>yes<\/span><\/a>. Moonlighting policies are generally legal, however the best way to ensure that an employer\u2019s policy is legal, is to ensure that it relates to and addresses business-related concerns. There are a series of laws that regulate off-duty conduct, and they prohibit an employer from <\/span>intruding<\/span><\/a> on an employee\u2019s life outside of work. As such, if an employer aims to establish a moonlighting policy it is key that they remain business focused to avoid infringing these laws. This is especially because most statutes prohibiting employer regulation of off-duty conduct, usually allow prohibitions based on business-related concerns.\u00a0<\/span><\/p>\n Some <\/span>examples<\/span><\/a> of business-related concerns include:<\/span><\/p>\n The above list is not exhaustive and employers may opt to implement more prohibitions as long as they are related to their business. It must be noted however, that in the United States, laws on moonlighting may <\/span>vary<\/span><\/a> slightly from State to State. As such, it is advised that if employers want more specific advice on what they are allowed to prohibit, they should consult a local lawyer. For example, some States allow employers to completely ban moonlighting, where some only permit prohibitions on specific actions, such as those mentioned in the above example. Despite this, in general, if an employer sticks to prohibiting actions based on business-related concerns their moonlighting policy will be legal.\u00a0<\/span><\/p>\n If an employer wishes, they could also have an indirect moonlighting policy. For example, they could institute a conflict of interest policy, or a policy addressing confidential information, or even an overtime policy. To illustrate further, a conflict of interest policy could result in an employee not being able to conduct any activities which could be deemed as against an employer\u2019s interest. Therefore, resulting in an employee being more likely to consider the primary employer as their main responsibility. Employers could also adopt an approval policy for employees wishing to undertake external employment so there is opportunity to determine whether desired work would create a conflict of interest. Either method could afford an employer the same result without breaching any laws.\u00a0<\/span><\/p>\n Employers must also take precautions to ensure that they are not inconsistently applying moonlighting policies. If they do, and they do so against an employee that has a <\/span>protected characteristic<\/span><\/a>, they could face a discrimination claim.\u00a0<\/span><\/p>\n Some employers choose to establish a moonlighting ban (also known as a \u201cno moonlighting clause\u201d) over a moonlighting policy. What is the difference? A moonlighting ban prohibits employees from moonlighting in general, whereas a moonlighting policy can be seen as a guide to moonlighting. Both a moonlighting policy and a moonlighting ban essentially achieve similar goals, they can prevent conflicts of interest and increase an employees focus on work from the primary employer. However, there are some disadvantages associated with banning moonlighting as opposed to developing a moonlighting policy.\u00a0<\/span><\/p>\n As can be seen above, moonlighting bans are illegal in some States, additionally, they can be perceived as hostile and could result in employer\u2019s finding it harder to retain employees. For example, in the case of <\/span>Nicholson Terminal & Dock Co<\/span><\/a>, the courts struck down a moonlighting ban on the basis that it was too restrictive. Consequently, there tends to be a preference for adopting a moonlighting policy as it can achieve the same results as a moonlighting ban whilst also, in most instances, being legal.\u00a0<\/span><\/p>\n The following are the standard sections and terms that you find within a moonlighting policy. An employer does not have to implement all of these in their moonlighting policy, equally, they could opt to have these sections and include additional guidelines. What an employer decides to include is dependent on their circumstance.\u00a0<\/span><\/p>\n Firstly, it is important that the employer outlines who will be covered by the moonlighting policy. Typically, employers choose to limit the scope of their moonlighting policy to all full-time employees. However, an employer can decide which employees will be covered based on their business needs. For example, an employer may extend a moonlighting policy to part-time employees who are required to work at least 25 hours a week and are on a salary.\u00a0<\/span><\/p>\n It must also be noted that it is good practice for employers to also state that their policy applies to legal activities. Further, it is not uncommon to state that legal action may be taken against employees that use their employer\u2019s resources to conduct illegal activities.\u00a0<\/span><\/p>\n It is useful for employers to outline what type of work will be covered by their moonlighting policy. Will volunteer work qualify? Will working for a coffee shop? A good moonlighting policy outlines and defines what they consider a secondary or side job.\u00a0<\/span><\/p>\n Some employers choose to define a secondary job as regular, paid work (permanent or temporary) that has specific responsibilities. Under this definition an employee that works at a coffee shop that expects them to work regularly, would be covered by a moonlighting policy. On the other hand, work such as volunteering, freelancing, or working occasionally at a friend\u2019s or family business would not be covered by the moonlighting policy. That said, if a freelancer often works regular hours, or works hours that clash with normal working hours they may fall under this policy.\u00a0<\/span><\/p>\n If the above definition does not suit an employer\u2019s desired policy, they may choose to define a secondary job differently. That said, employers must remember to ensure that any restriction placed on employees fit within the intention of managing business-related concerns. It is important that when developing a moonlighting policy an employer can justify their decisions on the basis of mitigating negative effects on their business.\u00a0<\/span><\/p>\n The following are examples of some protections an employer may like to include in their moonlighting policy.<\/span><\/p>\n This provision is one of the most common terms in a moonlighting policy. This will ensure that there is a significantly reduced chance of employees benefitting competitors by divulging any of their employers trade secrets. Equally, employees will be unable to use training gained at their employers workplace to benefit their employer\u2019s competitors while they are under their employ.\u00a0<\/span><\/p>\n It is also advisable for an employer to highlight who they consider to be a competitor. Typically, this is limited to competitors that an employer directly competes with.<\/span><\/p>\n Moonlighting Policy Example:<\/span><\/i><\/p>\n This will ensure that an employee prioritises work at their primary workplace over their secondary job.\u00a0<\/span><\/p>\n Moonlighting Policy Example:<\/span><\/i><\/p>\n This will ensure that an employee\u2019s performance at their primary workplace is not negatively impacted due to them being too tired or distracted as a result of their secondary job.<\/span><\/p>\n Moonlighting Policy Example:<\/span><\/i><\/p>\n This provision covers any activity that could be construed as creating a <\/span>conflict of interest<\/span><\/a>. This would ensure that employees are prohibited from taking part in any activity that will interfere with their overall service to their primary employer.\u00a0<\/span><\/p>\n Moonlighting Policy Example:<\/span><\/i><\/p>\n Employers may choose to define what equipment can be used by the employee for external activities. In general, employers do not permit employees to use their resources for any external activity, but in the case of a company car an employer may choose to allow an exception for example. An employer should detail what, if any, resources may be used for external purposes.<\/span><\/p>\n Moonlighting Policy Example:<\/span><\/i><\/p>\n This section of a moonlighting policy is typically associated with the requirement not to work for competitors. The purpose of this section is to give an employer the opportunity to ensure that the secondary employment an employee wishes to undertake does not present a conflict of interest, or negatively impact the employer.\u00a0<\/span><\/p>\n Moonlighting Policy Example:\u00a0<\/span><\/i><\/p>\n In some cases employees create policies and procedures for their employer that are considered the employer\u2019s intellectual property. In such circumstances the employer may want to prohibit the employee from producing intellectual property for other businesses while they are under their employ.\u00a0<\/span><\/p>\n Moonlighting Policy Example:<\/span><\/i><\/p>\n You can find moonlighting policy samples here:<\/span><\/p>\n When managers receive notice that an employee is moonlighting, it is advised that they document this information and check to see if any rules have been breached. For example, an employee may unknowingly take up employment with a competitor. Breaches may not be intentional, so it is good for managers to cross-check. If employees are moonlighting based on financial issues, it may also be good for managers to see if there is any way they can assist the employee. One possible solution could be offering an employee more hours if they get paid for each hour of work they do. If an employee is considering external employment due to better promotional possibilities, a manager could advise them on how to obtain a promotion within their company.\u00a0<\/span><\/p>\n![\"moonlighting](\"https:\/\/blog.harmonizehq.com\/wp-content\/uploads\/Screen-Shot-2020-09-25-at-2.55.49-PM-300x83.png\")
<\/span><\/p>\nIs a Moonlighting Policy Legal?<\/b><\/h2>\n
![\"business-related](\"https:\/\/blog.harmonizehq.com\/wp-content\/uploads\/Screen-Shot-2020-09-25-at-2.56.59-PM-300x128.png\")
<\/p>\nMoonlighting Policy vs Moonlighting Ban<\/b><\/h2>\n
![\"moonlighting](\"https:\/\/blog.harmonizehq.com\/wp-content\/uploads\/Screen-Shot-2020-09-25-at-2.58.16-PM-300x102.png\")
<\/p>\nWhat Should be Included in a Moonlighting Policy?<\/b><\/h2>\n
Scope<\/span><\/h3>\n
Definitions\u00a0<\/span><\/h3>\n
Policy Elements\u00a0<\/span><\/h3>\n
Prohibition on working for competitors:<\/span><\/i>\u00a0<\/span><\/h4>\n
![\"moonlighting](\"https:\/\/blog.harmonizehq.com\/wp-content\/uploads\/Screen-Shot-2020-09-25-at-3.00.08-PM-300x117.png\")
<\/p>\nProhibit employee taking up a job that clashes with working hours:<\/span><\/i>\u00a0<\/span><\/h4>\n
![\"moonlighting](\"https:\/\/blog.harmonizehq.com\/wp-content\/uploads\/Screen-Shot-2020-09-25-at-3.01.19-PM-300x116.png\")
<\/span><\/i><\/p>\nProhibition on Taking a Job that has a workload that is too demanding:<\/span><\/i>\u00a0<\/span><\/h4>\n
![\"moonlighting](\"https:\/\/blog.harmonizehq.com\/wp-content\/uploads\/Screen-Shot-2020-09-25-at-3.02.26-PM-300x110.png\")
<\/p>\nProhibition on Accepting a Job that could result in a Conflict of Interest:<\/span><\/i><\/h4>\n
![\"moonlighting](\"https:\/\/blog.harmonizehq.com\/wp-content\/uploads\/Screen-Shot-2020-09-25-at-3.04.08-PM-300x98.png\")
<\/p>\nProhibit Employee from Using Primary Employer Resources for secondary Job:<\/span><\/i>\u00a0<\/span><\/h4>\n
![\"moonlighting](\"https:\/\/blog.harmonizehq.com\/wp-content\/uploads\/Screen-Shot-2020-09-25-at-3.04.58-PM-300x103.png\")
<\/p>\nRequirement for employee Accepting a new job to request approval from employer:<\/span><\/i><\/h4>\n
![\"moonlighting](\"https:\/\/blog.harmonizehq.com\/wp-content\/uploads\/Screen-Shot-2020-09-25-at-3.05.47-PM-300x106.png\")
<\/p>\nIntellectual Property Considerations:<\/span><\/i><\/h4>\n
![\"moonlighting](\"https:\/\/blog.harmonizehq.com\/wp-content\/uploads\/Screen-Shot-2020-09-25-at-3.06.32-PM-300x104.png\")
<\/p>\nMoonlighting Policy Sample<\/span><\/i><\/h4>\n
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What should Managers Do?<\/b><\/h2>\n
What if an Employee Violates a Moonlighting Policy?<\/b><\/h3>\n
![\"employee](\"https:\/\/blog.harmonizehq.com\/wp-content\/uploads\/Screen-Shot-2020-09-25-at-3.08.18-PM-300x62.png\")
<\/p>\n