HR hotline is a service staffed by HR professionals, available through your Van Wyk Connect portal, to answer your HR-related questions. In addition to answering your pressing HR questions, the HR professional will refer you to relevant content within Van Wyk Connect and/or DOL resources.

Policies that restrict employees from having other employment, particularly with a competitor, are not uncommon. However, these policies must be carefully drafted to avoid noncompliance with the law and it is suggested that such policies are reviewed by legal counsel. In general, an employer’s ability to restrict employees’ off-duty activity is limited to restrictions that have a valid business purpose and are intended to avoid a conflict of interest. If an employee serving on the board of directors for a client creates a conflict of interest, such a restriction may be permissible. This is also true with a policy on disclosing whether an employee has a spouse or immediate family member employed with a competitor. However, we strongly suggest these policies are reviewed by legal counsel. We have a sample Conflicts of Interest Policy that you may find helpful. We also have an article on Non-Compete Agreements.