Abstract
Moonlighting, side hustles, and part-time jobs often refer to secondary employment pursued by employees. While the terminology may vary, the underlying reality remains the same: Legal protections against an employer’s ability to restrict such activities are limited. Nothing stops employers from implementing policies or employment contracts prohibiting participation in additional employment. For many workers, holding an additional job is not a choice born of passion or professional fulfillment but a financial necessity driven by rising costs, stagnant wages, and economic instability. These workers, often already vulnerable within the labor market, face significant challenges when employers impose restrictive policies that limit their ability to seek supplementary income.
This Comment addresses the lack of legal guidance regarding moonlighting by identifying effective regulatory tools and assessing their strengths and weaknesses. The Comment begins by establishing moonlighting as an emergent and important social practice and then addresses how current employment laws, such as at-will employment and the duty of loyalty, fail to protect moonlighters. To resolve this issue, this Comment explores the regulatory impact of noncompetes and their applicability to moonlighting policies. Building upon this analysis, the Comment proposes solutions grounded in existing legal frameworks that are both practical and adaptable. By using established principles such as wage thresholds and notice requirements, these recommendations provide a balanced and equitable approach. These measures aim to safeguard workers’ rights to engage in additional work while recognizing employers’ legitimate concerns about conflicts of interest and productivity.
Recommended Citation
Chiazom "Chizo" E. Ugo-Obi,
Is the Gig Really Up?: Exploring Statutory Protections for Moonlighting Workers,
75
Emory L. J.
1055
(2026).
Available at:
https://scholarlycommons.law.emory.edu/elj/vol75/iss4/5