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Is it Legal to Work Two Jobs at Once

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  • 05-05-2015, 06:14 PM
    mmc22
    Is it Legal to Work Two Jobs at Once
    My question involves labor and employment law for the state of: New Jersey

    I was told by a family member that working 2 jobs is illegal. My first job is on an hourly wage and the only time i would be getting paid is if I'm actually there working. The other job is a salary job. I am getting paid a set amount for the whole week. I'm basically just on call all of the time. If i have to go to the second job for whatever reason ill clock out of the first one and go to the second but if i don't have to and I'm just sitting around waiting for a call i want to work at the first one. I was just told that getting a full time salary from one place and sometimes earning money at the second place is illegal. Was hoping people could help me out before i decide to do both at the same time. Thank you.
  • 05-05-2015, 06:48 PM
    Taxing Matters
    Re: Is Working 2 Jobs at Once Legal
    Quote:

    Quoting mmc22
    View Post
    My question involves labor and employment law for the state of: New Jersey

    I was told by a family member that working 2 jobs is illegal.

    I’m going to guess that this family member isn’t an attorney, right? Except for certain types of jobs (e.g. certain government positions, etc) the law does not prohibit the employee from also working a second (or even third) job. Of course, an employer is free to set a policy that its employees cannot work elsewhere if it likes. All you risk there though is that the first employer would fire you for violating the policy.
  • 05-05-2015, 06:55 PM
    cbg
    Re: Is Working 2 Jobs at Once Legal
    Are the two jobs for the same employer? If so, I think I know what your family member was getting at. He's wrong - even if it's the same employer it's still not illegal, but the employer has to be very careful with overtime rules and other wage issues. But YOU would not be doing anything illegal - any risk would be on the employer, ensuring that he pays you properly.

    If the two jobs are for different employers, then your family member is just plain wrong with no "but maybe he meant" to save him. It is in no way illegal for you have two jobs.

    Tax is right though, that while it's not illegal it's also not protected. You can work eighteen jobs if you want to and you're not breaking any laws - but if any of those 18 employers sees a conflict of interest or even is just offended by your working for someone else besides him, he is free to fire you and he's not breaking any laws, either.
  • 05-05-2015, 08:35 PM
    llworking
    Re: Is Working 2 Jobs at Once Legal
    Quote:

    Quoting cbg
    View Post
    Are the two jobs for the same employer? If so, I think I know what your family member was getting at. He's wrong - even if it's the same employer it's still not illegal, but the employer has to be very careful with overtime rules and other wage issues. But YOU would not be doing anything illegal - any risk would be on the employer, ensuring that he pays you properly.

    If the two jobs are for different employers, then your family member is just plain wrong with no "but maybe he meant" to save him. It is in no way illegal for you have two jobs.

    Tax is right though, that while it's not illegal it's also not protected. You can work eighteen jobs if you want to and you're not breaking any laws - but if any of those 18 employers sees a conflict of interest or even is just offended by your working for someone else besides him, he is free to fire you and he's not breaking any laws, either.

    I think that I am understanding things a little differently. OP is apparently receiving a full time salary to be on call, basically 24/7 at one job, but working for an hourly rate at a second one. While I do not think its illegal, I think that the full time, salary employer, would have a serious problem with it if they knew. I am not sure that the other employer wouldn't have an equal problem with it if they knew that at any moment the employee could clock out and leave.
  • 05-06-2015, 02:08 AM
    brownj12
    Re: Is Working 2 Jobs at Once Legal
    Quote:

    Quoting llworking
    View Post
    I think that I am understanding things a little differently. OP is apparently receiving a full time salary to be on call, basically 24/7 at one job, but working for an hourly rate at a second one. While I do not think its illegal, I think that the full time, salary employer, would have a serious problem with it if they knew. I am not sure that the other employer wouldn't have an equal problem with it if they knew that at any moment the employee could clock out and leave.

    I don't see any issue from the perspective of the full time employer, as long as the OP makes themselves available when called I can't imagine why they would care it the OP is working, or sitting at home, nor do I see any reason why they would need to know, provided OP gives them a way to contact him.

    For the Part tim eemployer, I would understand a complaint about the OP coming and going at will, however there are pleanty of part time jobs where this is allowable.
  • 05-06-2015, 06:12 AM
    eerelations
    Re: Is Working 2 Jobs at Once Legal
    OP was asking if what he's doing is illegal. It is not.
  • 05-06-2015, 09:02 AM
    cbg
    Re: Is Working 2 Jobs at Once Legal
    Quote:

    Quoting llworking
    View Post
    I think that I am understanding things a little differently. OP is apparently receiving a full time salary to be on call, basically 24/7 at one job, but working for an hourly rate at a second one. While I do not think its illegal, I think that the full time, salary employer, would have a serious problem with it if they knew. I am not sure that the other employer wouldn't have an equal problem with it if they knew that at any moment the employee could clock out and leave.

    That may be true, but it does not make it illegal. Both Tax and I acknowledged that an employer might have a problem with an employee working two jobs. However, that was not the question. The question was, is it ILLEGAL to work two jobs. It is not.
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