February 3, 2025
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By Christopher R. Deubert
Constangy, Brooks, Smith & Prophete, LLP
The COVID-19 pandemic has altered a variety of employment norms. There is considerable debate about which changes are transient and which are more durable, particularly given various sustained macroeconomic uncertainties.
One of these new practices seems to be for white-collar workers to hold more than one full-time job. With the increased prevalence and general acceptance of remote work arrangements, there are reportedly some employees who seek out multiple fully remote positions and attempt to work both jobs simultaneously and collect two salaries in the process. Such reports should cause employers in certain industries to re-evaluate various policies and practices.
As a starting point, it is important to note that unlike some reported changes in employment behavior (such as quiet quitting), there is some data showing that more people are working two full-time jobs. According to data from the U.S. Bureau of Labor Statistics, part of the U.S. Department of Labor, in 2019 there were 307,000 people working multiple full-time jobs, defined as jobs of 35 hours or more per week. In 2022, there were 373,000 people working two full-time jobs, a 22% increase. These numbers are likely underreported, as it seems some people are working two jobs clandestinely.
Conversely, from 2019 to 2022, there was only a 1% increase in the number of people working one full-time job and one part-time job (45,000 workers) and actually an 11% decrease in the number people working two part-time jobs (233,000 workers).
Research on multiple jobholding prior to the pandemic shows that such behavior is not limited to low-income individuals. According to research from the U.S. Census Bureau, individuals with at least one full-time job and earnings between the 6th and 56th percentiles have a multiple jobholding rate of approximately 10%. Meanwhile, individuals earning in the 90th percentile have a multiple jobholding rate of approximately 7%. Note that the multiple jobs in these instances include both full-time and part-time.
Clearly additional data would help to understand the full scope of people working multiple full-time jobs, including in particular their overall income levels and industries of work. Nevertheless, the stories reporting on this issue tend to identify white-collar service workers as those willing and able to take on two full-time jobs. Information technology professionals, whose services are in high demand, are frequently cited. Fully remote working is 60% higher in IT than in other industries, according to the Economist.
Employers understandably should be concerned if their employees are working more than one job. Nevertheless, employees doing so are not necessarily doing anything wrong. While employees have a common law duty of loyalty to their employer, that is, a duty not to act contrary to the employer’s interests while employed, working two jobs does not automatically violate that duty.
There are steps employers can and should take to ensure their employees are providing the time and effort expected of them.
First and foremost, employers must decide what their policies are with regard to employees working multiple jobs. Employers need to consider a variety of factors in making these policies:
Ultimately, the policies chosen by an employer must be clearly communicated to its employees, typically in the form of an Employee Handbook. Some employees may have contracts in which the employer’s requirements are clearly set forth. Either way, the consequences of any violations of these policies must also be made clear, including the possibility of termination.
While employees working more than one full-time job will never encompass a large percentage of the working population, it is clearly happening on some level. This is particularly true in certain industries. Thus, it stands to reason to that at least some employers are being harmed by the behavior. By considering the above factors, employers can ensure their workforce remains properly dedicated.