Free Moonlighting / Second Job Policy Template for Restaurants & Cafes
Imagine Sarah, your best barista, suddenly starts making more mistakes on latte art, seeming distracted during busy rushes, and frequently requesting schedule changes. You value Sarah, but her performance is slipping, and it’s impacting your cafe’s service. Later, you discover she’s picked up a second full-time job at another local coffee shop to save for a trip. This scenario isn’t uncommon in the dynamic world of restaurants and cafes, where employees often juggle multiple commitments to make ends meet or pursue other interests.
While side hustles and second jobs are a reality, they can create significant challenges for small businesses. Without clear guidelines, moonlighting can lead to conflicts of interest, decreased employee performance, scheduling nightmares, and even safety concerns. A well-crafted moonlighting policy doesn’t aim to prevent employees from having other jobs but rather to manage potential risks and ensure that their primary commitment to your business remains strong. It sets expectations, protects your business interests, and helps maintain a fair and productive work environment for everyone. This template provides a solid foundation for any cafe, restaurant, or bar manager looking to proactively address these issues.
Moonlighting / Second Job Policy
Business Name: [Your Business Name]
Effective Date: [Date]
Prepared By: [Manager Name]
**1. Purpose and Scope**
The purpose of this Moonlighting / Second Job Policy is to provide clear guidelines regarding employees engaging in outside employment or business activities while employed by [Your Business Name]. This policy applies to all employees, regardless of their employment status (full-time, part-time, temporary). We recognize that employees may pursue outside interests or need additional income, and this policy aims to ensure such activities do not negatively impact their performance, commitment, or the business interests of [Your Business Name].
**2. Definition of Moonlighting / Second Job**
Moonlighting or a «second job» refers to any employment, self-employment, freelance work, or business activity undertaken by an employee outside of their scheduled working hours at [Your Business Name], whether for pay or not.
**3. Disclosure and Approval Requirement**
Employees are required to disclose any existing or prospective outside employment or business activity to their direct manager or [HR Department/Owner] *prior* to commencing such work. While approval is not always required to *have* a second job, full transparency allows management to assess potential conflicts and proactively address concerns. Failure to disclose may result in disciplinary action.
**4. Conflicts of Interest**
Employees must not engage in any outside employment or business activity that creates a conflict of interest with [Your Business Name]. This includes, but is not limited to:
* Working for a direct competitor (e.g., another cafe, restaurant, or bar within a [X-mile] radius).
* Engaging in business activities that directly compete with [Your Business Name]’s services or products.
* Accepting gifts, favors, or entertainment from suppliers or vendors that could improperly influence business decisions.
* Using proprietary information or trade secrets of [Your Business Name] for the benefit of another employer or personal gain.
**5. Performance and Commitment**
[Your Business Name] expects all employees to maintain satisfactory performance levels in their primary role. Outside employment must not:
* Interfere with an employee’s ability to fulfill their job duties, including meeting performance standards and attending all scheduled shifts.
* Lead to excessive fatigue, reduced focus, or decreased productivity during their shifts at [Your Business Name].
* Result in frequent absences, tardiness, or requests for schedule changes that disrupt operations. Employees must prioritize their scheduled shifts with [Your Business Name]. For help managing changing availability, see our guide on How to Handle Employee Availability Changes in Your Restaurant Schedule.
**6. Scheduling Conflicts**
Scheduled shifts at [Your Business Name] take precedence over any outside employment. Employees are responsible for managing their commitments to ensure no conflicts arise. Requests for time off or shift changes due to secondary employment will be treated as standard requests and are subject to management approval based on business needs, staffing levels, and existing scheduling policies. Repeated scheduling conflicts that negatively impact operations may result in disciplinary action, up to and including termination. It’s crucial for managers to have a fair attendance policy in place.
**7. Use of Company Resources**
Company time, equipment, facilities, vehicles, supplies, or confidential information must not be used for any outside employment or business activity. This includes, but is not limited to, using company computers, phones, internet access, or printers for personal business.
**8. Confidentiality and Proprietary Information**
Employees are prohibited from disclosing, using, or allowing access to [Your Business Name]’s confidential, proprietary, or trade secret information to any third party for the purpose of outside employment or personal gain. This obligation continues even after employment with [Your Business Name] ends.
**9. Legal and Safety Considerations**
Employees are responsible for understanding and complying with any legal regulations regarding working hours, breaks, or specific industry restrictions that may apply to their combined work activities. Employees should consider potential impacts on their personal well-being and ability to safely perform their duties if engaging in excessive hours across multiple jobs.
**10. Policy Violations and Disciplinary Action**
Violation of any provision of this policy may result in disciplinary action, up to and including termination of employment. Disciplinary action will be determined based on the severity of the violation, its impact on the business, and the employee’s previous disciplinary record.
**11. Review and Appeal**
Employees who believe a decision related to this policy is unfair or incorrect may discuss their concerns with [their direct manager/HR Department/Owner].
**12. Policy Review**
This policy will be reviewed periodically and may be updated or amended by [Your Business Name] at any time. Employees will be notified of any significant changes.
How to Customize This Template
This moonlighting policy template is a strong starting point, but it’s crucial to tailor it to the unique needs and local regulations of your restaurant, cafe, or bar. Here’s a breakdown of what to customize and why:
1. **[Your Business Name], [Date], [Manager Name]**: Start by filling in the obvious blanks. These personalize the document and make it official for your establishment.
2. **Define «Direct Competitor» (Section 4)**: The template mentions «another cafe, restaurant, or bar within a [X-mile] radius.» You need to specify that radius (e.g., «5-mile radius,» «within the same neighborhood,» or «any establishment listed under SIC Code 5812 in [Your City]»). Be realistic but firm – you don’t want your star barista sharing your unique latte recipes with the shop across the street.
3. **Specify Disclosure Contact (Section 3 & 11)**: Is it the «direct manager,» «HR Department,» or the «Owner»? Clearly state who employees should approach to disclose outside employment or to discuss concerns. For smaller teams, it’s often the owner or general manager.
4. **Detail Disciplinary Action (Section 10)**: While the template states «up to and including termination,» you might want to outline a more specific progressive disciplinary process if your business has one (e.g., «first offense: written warning; second offense: suspension; third offense: termination»). Referencing your existing attendance policy or general disciplinary policy can create consistency.
5. **Add Specific Examples (Optional but Recommended)**: Consider adding very specific examples relevant to your operations. For instance, if you operate a late-night bar, you might explicitly state, «Working another late-night shift immediately before a morning shift at [Your Business Name] is discouraged due to potential fatigue impact.»
6. **Review Local Labor Laws**: This is perhaps the most critical customization. Employment laws vary significantly by state, province, and country. Some jurisdictions have specific rules about what employers can or cannot dictate regarding outside employment. Consult with a local employment attorney to ensure your policy complies with all applicable labor laws, especially concerning working hours, non-compete clauses, and employee rights.
7. **Communication and Acknowledgment**: Once customized, don’t just put the policy in a binder. Distribute it to all current employees and ensure all new hires receive it. Require employees to sign an acknowledgment form confirming they have read, understood, and agree to abide by the policy. This is vital for enforceability.
Common Mistakes to Avoid
* **Being Too Restrictive**: Don’t forbid *all* outside employment. This can be viewed as unreasonable, might violate local labor laws, and can foster resentment. The goal is to manage risks, not to control employees’ lives outside work.
* **Lack of Consistency**: Once you have a policy, apply it uniformly to all employees. Inconsistent application can lead to claims of discrimination and undermine the policy’s credibility.
* **Not Communicating the Policy**: A policy is useless if employees aren’t aware of it. Ensure it’s part of your employee handbook, reviewed during onboarding, and easily accessible.
* **Ignoring Legal Advice**: Relying solely on a template without legal review tailored to your specific location can expose your business to legal risks. Always get local legal counsel.
* **Forgetting About Your Team’s Well-being**: While the policy protects your business, remember that excessive work (even outside your establishment) can lead to burnout. Keep an eye on employee well-being; an employee who is constantly exhausted from two jobs might be a sign of bigger issues that affect your team and contribute to why your understaffed cafe is secretly losing you money.
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Frequently Asked Questions
Do employees *have* to tell me about a second job?
Our policy requires disclosure of outside employment. While employees generally have the right to pursue other work, requiring disclosure allows us to proactively identify and address potential conflicts of interest, scheduling issues, or performance concerns that could impact their primary role with us. It’s about transparency and managing expectations, not control.
Can I fire an employee just for having a second job?
No, generally you cannot fire an employee *just* for having a second job, especially if that job doesn’t interfere with their duties or violate your policies. However, if the second job leads to a conflict of interest, impairs their performance, causes significant scheduling conflicts that violate our staff availability policy, or breaches confidentiality, then disciplinary action, up to and including termination, may be warranted based on the specifics of the policy violation.
What if their second job is with a competitor?
Working for a direct competitor almost always constitutes a conflict of interest and is generally prohibited under this policy. Such situations can jeopardize proprietary information, create unfair advantages for competitors, and divide an employee’s loyalty. If an employee is found to be working for a direct competitor, it will be treated as a serious violation of this policy and may lead to disciplinary action, including termination.
How does this policy impact scheduling?
This policy clarifies that your scheduled shifts at [Your Business Name] take precedence over any outside employment. While we strive to be flexible, frequent requests for shift changes or time off due to commitments from a second job can negatively impact our operations and team. It’s the employee’s responsibility to manage their availability for both jobs, ensuring their primary commitment to us is met. For more on managing schedules, remember that Shifty has a free plan available to help simplify the process!
This template is for informational purposes only and does not constitute legal advice. Consult with a local employment attorney to ensure compliance with your jurisdiction’s labor laws.
