Legal Definitions - Moonlighting

Moonlighting refers to the practice of an individual holding a secondary job or engaging in additional work outside of their primary employment. This secondary work typically occurs during non-standard hours, such as evenings or weekends, and is often undertaken to supplement one's income.

While some employers may permit or even encourage moonlighting, others have policies prohibiting it. These prohibitions can stem from concerns about potential conflicts of interest, the impact on an employee's performance in their primary role due to fatigue or divided attention, or the misuse of company resources for personal gain.

• Example 1: Sarah works full-time as a marketing manager for a large corporation from Monday to Friday. On weekends, she operates a small online boutique selling handmade jewelry, managing orders and shipping in her spare time to earn extra income.

  Explanation: Sarah's online boutique constitutes moonlighting because it is a secondary, income-generating activity performed outside the hours of her primary employment as a marketing manager.

• Example 2: A high school teacher, Mr. Henderson, works a standard school day. In the evenings, he coaches a local youth soccer team for a stipend.

  Explanation: Mr. Henderson's coaching position is an example of moonlighting as it is a paid secondary job undertaken outside his primary teaching responsibilities, providing additional income.

• Example 3: David is a software developer employed by a tech startup. In his free time, he takes on freelance coding projects for various clients he finds through online platforms. His employment contract with the startup includes a clause stating that employees must disclose any outside work to prevent conflicts of interest.

  Explanation: David's freelance coding work is moonlighting because it's a separate, paid professional activity in addition to his main job. The employer's contractual clause highlights how companies often manage or restrict moonlighting to avoid conflicts of interest or ensure primary job performance.