Legal Question in Employment Law in California

labor law

I work 20 hrs/week for a non-profit org in Santa Barbara, California. I have been working as an Administrative Assistant for 8 months. On my off hours I have been taking extra work here at the Front Desk, and off site at school, to help pay my bills. Now the Director wants me not to take any hours, here onsite, because she wants me to stay available to her, instead. I don't believe it is legal for her to control what I do after hours, is it?


Asked on 2/23/07, 3:09 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: labor law

If you mean your employer won't allow you to perform work for a second employer on their premises, this is within their right. They can control what goes on within the employer's premises.

However, your employer cannot control what you do on your own time off the premises, including holding a second job, as long as it does not conflict with the employer's business.

Employers cannot demote, suspend or discharge employees, "for lawful conduct occurring during nonworking hous away from the employer's business." (Cal Labpr Code, Sec. 96(k))

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Answered on 2/23/07, 4:19 pm


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