More employees than ever are working multiple jobs at the same time. Some people are taking on freelance work alongside a full-time job. Others are holding down two full-time roles, sometimes remotely. The trend has a name now: polyworking.
According to recent data from the U.S. Bureau of Labor Statistics, nearly 1 in 20 American workers hold more than one job. And recent workforce reports show the trend is growing, driven by remote work, the rising cost of living, and a desire for more flexibility and career options.
The question a lot of workers are asking: is working multiple jobs actually legal?
In Massachusetts, the short answer is yes, polyworking is generally legal. But that doesn’t mean there are no rules, and it doesn’t mean your current employer can’t take action if your outside work causes problems. Here’s what Massachusetts workers should understand before taking on a second job.
Massachusetts does not ban working multiple jobs
There is no Massachusetts law that prohibits an employee from holding more than one job. You can work two jobs, three jobs, or run a business on the side, and the state itself is not going to stand in your way.
What Massachusetts also does not have, however, is a law protecting your right to do so. Some states, like California, Colorado, and New York, have laws that prevent employers from punishing employees for legal activities they do outside of work. Massachusetts does not have one of those laws. That distinction matters, because it means your employer in Massachusetts has more room to set rules about outside work than employers in some other states do.
Your employer can still set rules about outside work
Even though polyworking is legal, your employer can have policies that limit it. The most common things to look for:
- A moonlighting or outside employment policy. Many companies have written policies that require employees to disclose outside work, get permission before taking a second job, or avoid certain kinds of outside work entirely. These policies are generally enforceable in Massachusetts. If you have an employee handbook, that is the first place to check.
- A noncompete or non-solicitation agreement. If you signed one of these when you started, it may limit your ability to work for a competitor or to do similar work on the side. Massachusetts has specific rules about when noncompetes are enforceable, but if you have one, take it seriously before taking on outside work in the same industry.
- A confidentiality or trade secrets agreement. Even without a noncompete, you likely have an obligation not to share confidential information from your primary employer. That matters if your second job is in a related field or with a competitor.
- A conflict of interest policy. If your second job involves a vendor, client, or competitor of your primary employer, your employer may consider that a conflict and have rules requiring you to disclose it or stop.
The takeaway is that even if no law prohibits a second job, your own employment agreements and your company’s policies might. Reading what you’ve signed before you take on outside work is worth the time.
Massachusetts is an at-will state, and that matters here
Massachusetts is what’s called an “at-will” employment state. In plain terms, that means an employer can generally fire an employee at any time, for any reason that is not illegal. The flip side is also true: an employee can leave at any time.
What this means for polyworking is significant. Even if your second job is perfectly legal, and even if you haven’t violated any written policy, your employer can still let you go if your outside work creates problems. Some examples of where this comes up:
- Your performance at your primary job slips because you’re stretched thin
- You’re unavailable during scheduled hours because of your other job
- Your employer learns you’re working for a competitor and views that as a business risk
- Your second job leads to mistakes, missed deadlines, or quality issues
- Your employer simply decides they want employees who are fully dedicated to one role
In most of these scenarios, the issue is not that you have a second job. The issue is how that second job is affecting the first one. Massachusetts employers generally have the right to act on that.
What workers should think about before adding a second job
If you’re considering polyworking, the practical questions to think through:
- What does your employee handbook say? Look for anything about outside employment, moonlighting, conflicts of interest, or required disclosures.
- What did you sign when you were hired? Offer letters, employment agreements, noncompete agreements, and confidentiality agreements all may apply.
- Are the two jobs in the same field? Working two jobs in unrelated industries is usually less risky. Working two jobs in the same industry, especially for competitors, is where most legal and contractual issues come up.
- Can you actually do both well? This is less of a legal question and more of a practical one, but it’s where most polyworking situations actually go wrong. Performance issues are the most common reason outside work becomes a problem.
- Should you disclose it? Whether or not your employer requires disclosure, being open about a second job is often the safer path, especially if there’s any chance your employer will find out anyway. Hiding it tends to make things worse if it becomes an issue.
The bottom line
Polyworking is legal in Massachusetts, and the trend is not going away. But “legal” is not the same as “no risk.” Your employment contracts, your company’s policies, and the at-will nature of Massachusetts employment all mean that taking on a second job is a decision worth making with your eyes open.
If you’re considering polyworking and you’re not sure where you stand, or if your employer has raised concerns about outside work you’re already doing, it’s worth talking to an experienced Massachusetts employment law attorney. Contact Rodman Employment Law to discuss your situation.
