- Overemployment, or as Gen Z has previously called it, polyworking, is the latest work trend to cause a stir. Grievous bosses are finding out they’re not the only apple of their employees’ eye. But experts tell Fortune it’s perfectly legal to hold down two—or even five—jobs at a time. That doesn’t mean it’s without consequences, though.
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 maximize 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 of 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 the U.K.
Nicholas Lakeland, an employment lawyer at Laytons, tells Fortune that “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 U.S.,” 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 okay with it,” he says. “I don’t think it’s ethical, and [it] 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 implications.
- Confidentiality risks: Sharing or reusing sensitive information across companies—intentionally or not—can pose legal issues.
- Availability concerns: You may be unreachable during emergencies, meetings, or required travel.
- Intellectual property disputes: Anything created on company time may become a gray 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.
