Can my employer stop me from having a second job California?

California law makes it clear that it is unlawful for an employer to interfere with an employee’s off-duty activities. It is not possible to forbid employees from taking other jobs or pursuing hobbies, endeavors, projects, or other efforts while they are not at the workplace.

What is a moonlighting clause?

Moonlighting Policy Definition A moonlighting policy is a policy that details that an employee with more than one job, will treat an employer’s business as their primary job. It sets out the employer’s expectation that an employee’s other jobs will not interfere with their job performance.

Do I need to disclose my second job?

Strictly speaking, if moonlighting isn’t prohibited, you don’t have to tell your employer about a second job, provided that the policy doesn’t require disclosure and/or approval. However, it’s always best to be honest with your employer. It says a lot about not only your work ethic but your integrity, too.

Is moonlighting legal in California?

Moonlighting is Generally Protected Activity The laws of California generally protect the rights of California workers to freely work. California Labor Code section 96 essentially prohibits employers from punishing employees who engage in moonlighting in their free time.

Do I have to tell my employer about second job?

Can you have two jobs with the same employer?

Although employees may perform more than one job for an employer, an employee may only have one Fair Labor Standards Act (FLSA) des​​ignation—either exempt or nonexempt. The only requirement would be to pay the employee his or her current, regular salary, which meets the salary basis test under the FLSA.

Is it illegal to do side work?

In California, it’s illegal to perform your normal blue-collar construction jobs on the side. This means jobs like plumbing, electrical, HVAC, carpentry, windows, roofing, and other handyman type jobs. Performing those on the side is illegal if you’re collecting more than $500.

Is it legal for an employee to work a second job?

However, most employers won’t prohibit employees from working a 2nd job as long as it’s not for a competitor and as long as it doesn’t affect your availability or work performance. But there’s a lot more to know about working a 2nd job and what an employer can legally do about it.

How do I file a lawsuit against a company in California?

The agent for service of process or a corporate officer can be served with your lawsuit. You can get this information by going to the California Secretary of State’s Business Search portal. Or you can write a letter asking for the most recent “Statement of Officers” on file with the Secretary of State.

Can a company fire you for having a second job?

And if that 2nd job appears to violate the company’s trust or propriety ideas, not only could you get fired, but you could get sued. So, not only can they prohibit moonlighting, but they can prohibit the use of company time and resources as it relates to secondary jobs and activities.

Can an entrepreneur be sued by a former employer?

The last thing any entrepreneur wants to do is spend months — or perhaps years — working on a product, only to be sued by her former employer just when the company starts to show some promise.