In today’s economy, many workers rely on more than one source of income. Whether it’s a second job, freelance work, or a side business, Washington law protects your ability to earn a living. One of the most important statutes for employees on this issue is RCW 49.62.070, often referred to as Washington’s “moonlighting law.”
If your employer has told you that you can’t work another job, this law may give you powerful legal rights. And importantly, violations of this statute often extend beyond a single employee – making them especially well-suited for class action lawsuits.
What Is RCW 49.62.070?
RCW 49.62.070 is part of Washington’s broader effort to limit overly restrictive employment practices. The statute protects lower-wage employees from being unfairly restricted in how they earn income.
If you earn less than twice the state minimum wage, your employer generally cannot prohibit you from working a second job, engaging in freelance work, or operating your own business. The law recognizes that many workers need flexibility to make ends meet and prevents employers from imposing blanket bans on outside employment.
When Can an Employer Restrict Outside Work?
While RCW 49.62.070 is employee-friendly, it’s not absolute. This means employers can still impose reasonable restrictions on your ability to moonlight in limited circumstances.
For example, if outside work creates a legitimate safety concern (such as excessive fatigue in a safety-sensitive role) an employer may have grounds to intervene. Similarly, if a second job interferes with scheduling expectations or job performance, restrictions may be justified.
Employers may also act where there is a genuine conflict of interest. The statute doesn’t eliminate an employee’s duty of loyalty or allow misuse of confidential information. However, these exceptions are meant to be narrow, and employers cannot rely on vague concerns or overly broad policies to justify a general prohibition on second jobs.
Common Violations of the Law
Despite the clarity of RCW 49.62.070, many employers continue to rely on outdated policies that run afoul of the statute. In practice, violations often take the form of company-wide rules that discourage or outright prohibit outside work.
Employees may encounter situations where they’re:
- Required to seek permission before taking a second job,
- Disciplined for lawful off-duty work, or
- Subject to handbook policies that effectively ban moonlighting.
In some cases, employees who assert their rights face retaliation. These practices are frequently unlawful, particularly when applied to workers within the statute’s wage threshold.
Why These Cases Make Strong Class Actions
One of the most important aspects of RCW 49.62.070 is that violations are rarely isolated. Instead, they typically arise from standardized policies applied across an entire workforce. This is what makes these cases particularly well-suited for class action litigation.
When an employer includes an unlawful “no moonlighting” rule in its handbook or onboarding materials, that policy often affects every similarly situated employee. The legal question, then, of whether the policy violates Washington law can be resolved on a class-wide basis. That efficiency is a key reason these claims are frequently brought as class action lawsuits.
There’s also a practical reality at play. For many employees, the financial harm from being denied outside work opportunities may be meaningful but not large enough to justify pursuing an individual lawsuit. But, when those claims are aggregated across a group of employees, the total impact becomes significant.
Class actions allow workers to pool resources, pursue relief collectively, and hold employers accountable for systemic violations.
What Compensation May Be Available?
Employees whose rights have been violated under RCW 49.62.070 may be entitled to recover damages. This can include compensation for lost income opportunities, as well as statutory remedies and attorney’s fees under Washington law.
In a class action, these damages are calculated across all affected employees, which can substantially increase the employer’s exposure.
Contact Nolan Lim Law Today
Nolan Lim Law is a dedicated Seattle employment and civil rights law firm committed to protecting the rights of employees across Washington state and nationwide. If you have questions about your ability to moonlight under Washington law, our experienced Seattle employment attorneys can help further inform you of your rights. Contact us now and let’s provide you with the protection you deserve.
* Main image at top by freepik
