b'WPMA Associate News2023 WPMAEXPO Presidential Sponsor The SHI sm & Educational Session Presenter The SHIELDELD smQUESTIONfor Business Owners MOONLIGHTING?QuestionWe just discoveredthat one of our full-time employees is working a second job at another com-pany. Are we allowed to prohibit our employees from moonlighting? We are afraid this employees other job will interfere with his ability to adequately perform his position at our company.AnswerImplementinga broad policy prohibitingEmployers who want to prohibit moonlighting all outside employment, or otherwise seek- by employees should outline specific business-ing to limit what employees do outside theirrelated concerns for doing so. Employers can scheduled work hours, is generally not a bestgenerally implement conflict of interest poli-practice. Most additional employment is lawfulcies, which may be enforceable if they seek conduct that presumably would occur duringto prevent an employee from taking a second non-working hours away from the employersjob that actually and directly conflicts with the premises. A policy or practice that seeks toemployers essential business-related interests. prohibit outside employment can lead to resent- Of course, a determination as to whether a sec-HR ment among current employees (who may, forond job conflicts with the employers essential financial reasons, need additional income) andbusiness-related interests should be made cau-create a disincentive for employees to be honesttiously and on the basis of reasonable and reli-with their employersin other words, employ- able information. Given the legal complexities, ees may still take but not disclose secondaryan employer should consult with legal counsel employment. Furthermore, in addition to thebefore implementing any moonlighting policy.federal National Labor Relations Act (NLRA),That said, an employer can generally require which protects union and non-union employeethat employees maintain the confidentiality of rights, some states provide employees withproprietary information and not use company protections under lawful off-duty conduct laws.resources and time for work on matters that are The Question of theBlanket employer policies that prohibit moon- not company-related. Also, an employer should quarter is provided bylighting may violate the NLRA and/or state law. require that any employees who take second Enquiron, a companyjobs satisfactorily perform the duties for the wholly independent fromemployer when they are at work. In general, Federated Insurance. Federated provides itsan employee who is unable to perform job clients access to thisduties or meet scheduling obligations because information through thehe or she has another job can be disciplined Federated Employmentor terminated. If an employee is not meeting Practices Network with the understanding expectations due to secondary employment, that neither Federated northe employer should address this issue from its employees provide legalan objective performance management stand-or employment advice.point and in a manner consistent with company As such, Federated does not warrant the accuracy,policy and practice.adequacy, or completeness of the information herein. This information may be subject to restrictions and regulation in your state. Consult with your own qualified legal counsel regarding your specific facts and circumstances. All rights reservedSPublished Date:October 17, 2022WPMA News / Winter 202247'