The National Labor Relations Board (NLRB) recently released an important memo from its General Counsel criticizing company policies that restrict employees from holding secondary jobs, often called moonlighting. Such memos guide the NLRB’s enforcement actions.
In the memo, General Counsel argued that restrictions of this type may violate Section 7 of the National Labor Relations Act (NLRA) by chilling an employee’s ability to exercise their rights. Section 7, in sum, provides that employees have the right to self-organization, to form, join, or assist labor organizations to bargain as a collective through their chosen representatives, and to engage in activities for the purpose of advancement of such common goals. General Counsel found that the “no moonlighting” provision in question is overbroad. That the General Counsel opined that employment contract provisions that impact an employee’s ability to engage in outside employment are generally unlawful, with particular concern for how they may impact an individual’s ability to work in a paid union position or engage in union activities.
If you have questions about your employment contract, an attorney at Demorest Law Firm may be able to assist you.
