Fortune | FORTUNE 前天 21:55
Gen Z are ‘overemployed,’ holding down 5 jobs and earning over $3k a day—and it’s totally legal
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文章探讨了后疫情时代远程工作背景下“多重就业”现象的兴起,即员工同时从事多份工作。文章指出,虽然在美国和英国,法律上并未明确禁止这种行为,但雇主们对此表示担忧,并开始采取措施。文章分析了多重就业对员工和雇主的影响,包括潜在的经济利益、工作质量问题、信任问题以及法律风险。文章最后强调了透明沟通的重要性,建议员工在从事多份工作前与雇主沟通,以避免潜在的法律和职业风险。

🤔 多重就业现象激增:后疫情时代远程工作模式催生了“多重就业”现象,尤其是在年轻一代中更为普遍。研究表明,高达40%的工人同时从事两份工作,而93%的Z世代员工在多个雇主之间分配时间。

⚖️ 法律与合同的界限:虽然美国和英国法律并未明确禁止多重就业,但雇佣合同中通常包含员工需全身心投入工作的条款。雇主有权通过合同条款限制员工从事其他工作,特别是与竞争对手相关的工作。

⚠️ 潜在风险与后果:多重就业可能导致工作质量下降、信任问题、税务问题、机密信息泄露、可用性问题以及知识产权纠纷等。一旦被发现,员工可能面临解雇、法律诉讼,甚至影响职业发展。

✅ 应对策略与建议:对于雇主而言,制定明确的政策、在合同中明确限制,并与员工进行频繁沟通至关重要。对于员工而言,在从事多份工作前应评估是否存在利益冲突,并考虑与雇主坦诚沟通,寻求明确的许可。

As news of Soham Parekh, the software engineer who has been accused of working for several Silicon Valley startups at the same time, spreads on social media, bosses have been venting their suspicions about their own remote workers. 

Their instincts may not be wrong. Post-pandemic remote work has quietly created a loophole that many, like Parekh, have exploited to hold down several gigs at once.

Research by Paychex from back in 2023 found a staggering 40% of workers were juggling two jobs. But Gen Z were the most prolific “polyworkers,” with 93% of the youngest generation of workers splitting their time between multiple employers. In comparison, just 28% of baby boomers and 23% of Gen Xers admitted to holding down three or more jobs.

For workers, it can mean paychecks in the tens of thousands, the ability to maximise their earning potential while they’re young and child-free (and not yet displaced by AI), and retire early. One Reddit user claims to have just landed a fifth concurrent job, bringing their income to over $3,000 a day. 

But employers are complaining about shoddy quality work, ghosted meetings, and a feeling they’ve been “scammed.”

What the law says about holding down multiple gigs

Unfortunately for disgruntled bosses, employment experts say there’s no law outright prohibiting holding down multiple jobs at once—at least not in the U.S. or UK.

Nicolas Lakeland, an employment law Partner, Laytons tells Fortune “it depends on what the contract of employment says but most full-time contracts of employment will have a clause which says that an employee will devote their ‘their whole time and attention’ to their work and not have alternative employment outside of that.”

The reason for this, he adds, is usually to stop employees working for competitors. “But also they want their employees to turn up on a Monday morning and be able to work productively.” 

So, the burden is mostly on employers to protect themselves. And with “overemployment” being a very new issue, they’ll need to check the scope of the restrictions in their contracts—and police it.

“In short, it is legal to do this in the US,” Peter Rahbar, employment attorney, workplace issues expert and founder of The Rahbar Group, echoes. “The key consideration for employees is whether their employer has a policy, or there is a provision in their offer letter or employment agreement that would prohibit holding other employment.”

Before accepting secret side jobs, Rahbar says employees should look into whether they “present a conflict of interest, or are competitive with, the primary job.” If the answer is yes, he’d “strongly advise that the employee not move forward, as it could present additional legal issues.” 

For employers, Rahbar recommends moonlighting policies—and outright prohibiting “other employment” in contracts. But on a more human level, he suggests paying employees well. “Most employees take other jobs for money, not intellectual curiosity,” he adds.

As Parekh, the software engineer who sparked the overemployment debate, told the tech show TBPN: “No one really likes to work 140 hours a week, I had to do it out of necessity.” 

“Last, managers should make sure to communicate frequently with their employees, this will not only help build trust and achieve team goals, but reduces the opportunity to do other work,” Rahbar adds.

Even if being overemployed is technically legal, that doesn’t mean there won’t be consequences

Just as there is no outright federal law preventing workers from holding down multiple gigs, there’s no law protecting that right either. “It would also not be illegal for an employer to fire the employee if it found out,” employment lawyer Tom Spiggle from The Spiggle Law Firm highlights.

Where workers could land on the wrong side of the law is if they share confidential information from one company with another, or work for a competitor.

“In that situation, the employee could be legally liable in some states for interfering with the initial employer’s business,” Spiggle explains. “The fancy legal term is ‘interference with prospective business advantage.’”

There are also tighter legal restrictions for those working for the federal government and some government contractors, particularly in the defense space. But in most cases, he says workers would simply be in breach of their contract, and while they could be “subject to monetary damages,” the most likely scenario would be they just get sacked. 

Lewis Maleh, CEO of executive recruitment agency Bentley Lewis, says he’s seen multiple workers dismissed for this exact reason. “If someone is doing a full-time perm job and being paid accordingly, they should not be doing another full-time perm role unless the company is OK with it,” he says. “I don’t think it’s ethical and will cost you down the road if you get found out.”

And apparently, the chances of being caught are fairly high. Maleh says workers have been exposed through LinkedIn activity, tax-record checks, background-screening companies and even by accident when a client happened to be on a Zoom interview for another job.

Even if the work is getting done, Maleh says employers care because:

    It creates trust issues: If you’re hiding this, what else are you hiding?Tax implicationsConfidentiality risks: Sharing or reusing sensitive information across companies—intentionally or not—can pose legal issuesAvailability concerns: You may be unreachable during emergencies, meetings, or required travelIntellectual property disputes: Anything created on company time may become a grey area if you’re splitting hours between employers.

“It’s short-term financial gain and potential long-term career suicide,” he concluded. “Always be honest… The recruitment world is small, especially in senior roles, and it could impact references for years.”

If that second or third job really is that important to your livelihood, the safest bet is bringing it up with your employer right away.

As Lakeland says: “There is nothing stopping an employee from negotiating a variation to their contract, but that means being open, honest, and upfront about what you want to do and asking the employer’s permission.”

Did your boss catch you for holding multiple jobs at once? Fortune wants to hear from you. Get in touch: orianna.royle@fortune.com 

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多重就业 远程工作 法律 雇佣合同 职业道德
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