Outside Employment (Moonlighting) Policy

Editor's Note: In light of the National Labor Relations Board decision in Stericycle, employers should work with legal counsel before implementing any conduct-related policy to ensure that it is narrowly tailored to the employer and advances a legitimate and substantial business interest. 

Objective

[Company Name] recognizes that some employees may need or want to hold additional jobs outside their employment with the company. Employees of [Company Name] are permitted to engage in outside work or hold other jobs, subject to certain restrictions based on reasonable business concerns.

Procedures

[Company Name] applies this policy consistently and without discrimination to all employees, and in compliance with all applicable employment and labor laws and regulations. The following rules for outside employment apply to all employees notifying their supervisors or managers of their intent to engage in outside employment:

• Work-related activities and conduct away from [Company Name] must not compete with, conflict with or compromise the company's interests or adversely affect job performance and the ability to fulfill all responsibilities to [Company Name]. Employees are prohibited from performing any services for customers of [Company Name] that are normally performed by [Company Name]. This prohibition also extends to the unauthorized use of any company tools or equipment and the unauthorized use or application of any company confidential information. In addition, employees may not solicit or conduct any outside business during work time for [Company Name].
  
  
• [Company Name] employees must carefully consider the demands that additional work activity will create before accepting outside employment. Outside employment will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel, or refusal to work overtime or different hours. If outside work activity causes or contributes to job-related problems at [Company Name], the employee will be asked to discontinue the outside employment, and the employee may be subject to the normal disciplinary procedures for dealing with the resulting job-related problem(s).
  
  
• Employees may not use [Company Name] paid sick leave to perform work for another employer. 
  
  
• If an employee's outside employment presents a conflict of interest with [Company Name], as defined in the Conflict of Interest Policy, or if such outside employment has any potential for negative impact on [Company Name], the employee will be asked to terminate the outside employment. 
  
  
• Fraudulent use of company sick leave or an employee's refusal to comply with [Company Name]'s reasonable request to terminate outside employment may result in immediate termination of employment with [Company Name].

Nothing in this policy is intended to, nor should be construed to limit or interfere with employee rights as set forth under all applicable provisions of the National Labor Relations Act, including Section 7 and 8(a)(1) rights to organize and engage in protected, concerted activities regarding the terms and conditions of employment.