Q&A with The Workplace Advisors – October 2026

Can employers prohibit employees from taking on second jobs or side businesses? Broad restrictions on outside employment can raise legal concerns, but employers still have options for protecting their business interests. In this month's Q&A, The Workplace Advisors explain what employers can and cannot restrict, along with how to establish clear policies that comply with federal and state laws.

Can Employers Restrict Employees’ Second Jobs?

Ready-to-share language for your members

Alter the copy below to your association's voice to share this month's article with your members. Use it as-is or adapt it to fit your channels. Drop in your own link or link to the article on our blog here: https://theworkplaceadvisors.com/can-employers-restrict-employees-second-jobs-what-employers-can-and-cannot-do/

Sample Email

Hi [FIRST NAME],

Is an employee's side hustle your business? Sometimes, but less often than you might think. Second jobs, gig work, and side businesses are more common than ever, and a blanket “no outside work” rule can put you on the wrong side of federal law. Our trusted partners at The Workplace Advisors explain what you can restrict, what you can't, and the policies that protect your business.

Read the full article here: [ARTICLE LINK]

Social Media Post — Option 1

Can you tell an employee to quit their side job? Usually not, at least not with a blanket rule. Broad bans on outside work are risky under federal law, but specific, well-written policies can still protect your business. Our trusted partners at The Workplace Advisors explain where the line is.

Read it here: [ARTICLE LINK]

#SecondJobs  #HRCompliance  #EmploymentLaw  #TheWorkplaceAdvisors

Social Media Post — Option 2

Side hustles are here to stay. Is your policy ready? Employers can set rules on competitors, confidential information, attendance, and company equipment, but a one-size-fits-all ban can backfire. Our trusted partners at The Workplace Advisors break down what's allowed and what isn't.

Read it here: [ARTICLE LINK]

#SideHustle  #Moonlighting  #TheWorkplaceAdvisors  #HRCompliance

Newsletter Blurb

Can Employers Restrict Employees’ Second Jobs?

An employee mentions a weekend business, or you discover a second job you didn't know about, and your first instinct is to shut it down. Hold that thought. Broad bans on outside work are presumptively unlawful for most nonsupervisory employees under federal law, and several states add their own limits. The good news is that specific, consistently enforced policies on conflicts of interest, confidential information, attendance, and company resources can protect your business. Our trusted partners at The Workplace Advisors walk through what you can and can't do, and what to put in place now.

Read the full article here: [ARTICLE LINK]

Association tip:  State law drives much of this topic, and it varies widely. If your association tracks state legislative or regulatory updates on outside employment or noncompetes, add a line pointing members to them, for example: “Want to know what your state allows? See our state resources here.”