Many workers in California are doing whatever they can to make ends meet, but due to rising cost of living and expenses, they may resort to getting a second job when their first job ends. This act, often referred to as moonlighting, has many workers wonder if getting a second job is illegal.
While some companies have rules that prevent their employees from getting a second job, it is not entirely black and white and it is important for them to understand their rights under California law.
What Is Moonlighting?
“Moonlighting” refers to working a second job outside of your primary employment. The term was coined because people with second jobs tend to work after their regular 9 to 5, often working hours that go deep into the night.
The act of moonlighting can include getting a part-time evening or weekend job, freelancing or performing gig work (such as rideshare driving or consulting), starting a side business, or even working remotely for another company. In today’s economy, many Californians rely on multiple income streams.
Is Moonlighting Illegal in California?
In most cases, moonlighting is generally legal in California, and the only scenarios where moonlighting can be deemed illegal is unless your company has a strict policy about working an additional job or if you are working for a company within the same industry. However, this does not mean you will automatically get fired after your boss finds out that you have a second job.
Can I Be Fired for Moonlighting?
While California is an at-will employment state, the state has strong employee-protective laws that limit overly broad restrictions on outside employment. However, you can be fired for moonlighting if your second job interferes with your performance, perform the second job during company hours, or if you misuse confidential information for your own benefit.
However, termination may be unlawful if your employer is enforcing an illegal non-compete, is violating public policy, or if it is discriminatory or retaliatory. If you suspect that your employer is using moonlighting as a pretext for discrimination or retaliation, that may give rise to a wrongful termination claim.
Do I Have to Tell My Employer I Work a Second Job?
Generally, you do not need to tell your employer that you are working a second job, but your employment contract or written workplace policies may contain reporting requirements. Under California Business & Professions Code § 16600, contracts that restrain someone from working a second job in a lawful profession, trade, or business are generally considered void and unlawful.
In fact, the California Supreme Court has upheld this broad prohibition on non-compete enforcement in cases such as Edwards v. Arthur Andersen LLP (2008), 44 Cal.4th 937, ruling that § 16600 reflects that non-competes in a specific industry are void unless a specific legal exception applies.
When Can an Employer Restrict Moonlighting?
While moonlighting is generally legal in California, an employer can generally restrict moonlighting if your second job causes a dip in your performance (tardiness, missed deadlines, reduced productivity, etc.) or directly competes with your primary employer, which can create a conflict of interest.
What is a Conflict of Interest?
A conflict of interest is a situation where a person’s personal interests compromises their professional judgement to an organization. For example, if a marketing employee is secretly working for a direct competitor and is providing information that can impact the performance of their original company, then this creates a conflict of interest.
While employers cannot typically prevent you from working for a competitor after leaving the company and often cannot stop lawful outside work, a conflict of interest can violate contractual agreements between you and the company and may hold you to fines.
Can I Be Sued for Moonlighting?
In certain circumstances, you can be sued but not simply for having a second job. An employer might pursue legal action if you misappropriate trade secrets, breach a written contract, engage in unfair competition, or violate a fiduciary duty (especially in executive roles).
For example, using your employer’s confidential client list to build your own competing business could create serious legal exposure. However, simply working evenings at an unrelated job (like bartending or rideshare driving) is unlikely to lead to a lawsuit.
When Should You Contact a California Employment Lawyer?
You may have legal options if:
- You were fired for lawful off-duty conduct
- Your employer enforced an unlawful non-compete
- You were retaliated against for reporting workplace violations
- Your termination appears discriminatory
As employment claims are complex and the legality of moonlighting often depends on the specific facts of your situation, it is highly recommended to consult with an experienced employment attorney who can give clarity to your situation.
Contact Our California Employment Law Firm Today
If you have questions about moonlighting, wrongful termination, or employer restrictions on outside employment, West Coast Employment Lawyers can help. Our team of experienced California employment attorneys can review your case, explain your rights, and determine the best path forward to protect your career and income. Call us today at (213) 927-3700 or fill out our online contact form for a free confidential consultation.
