Contracts · Clause library

Outside activities and moonlighting clause

These clauses limit secondary employment, moonlighting, locums, consulting or other work outside the job, often unless the employer consents.

Employer-friendly
Physician shall not engage in any outside work or moonlighting activities.
Physician-friendly
Physician may engage in outside work or moonlighting activities provided it does not interfere with their duties to the Employer.

Sample wording written by Andwise for illustration. It is not model contract language.

Questions to ask

  • Does the clause cover non-clinical work such as writing, teaching or consulting?
  • If consent is required, is there a deadline for the employer to answer?
  • Does the employer claim income from outside work?

What counts as outside activity

Clauses differ in what they reach: clinical work for someone else (moonlighting, locum tenens, telehealth shifts), non-clinical work (consulting, expert witness work, writing, teaching), and ownership of other businesses. A clause that names only "the practice of medicine" is narrower than one that covers "any professional activity".

Consent, income and malpractice coverage

Three terms decide how restrictive the clause is in practice: whether outside work needs the employer's written consent and on what grounds consent can be refused; whether income from outside work stays with you or goes to the employer; and whether any malpractice policy covers the outside work.

Employer malpractice policies usually cover only work done for the employer, so outside clinical work typically needs separate coverage. Residents' moonlighting is also limited by ACGME rules and their program's own policy, separate from any employment contract.

Find this clause in your contract

In the contract guide

  1. Things To Consider About Locum Tenens Work

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  2. A Medical Student’s First Contract: the GME Residency Agreement

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  3. Transitioning to Part-Time Work: Guide for Physicians

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  4. Physician Side Hustles: A Practical Guide to Legal Compliance

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  5. 7 Hidden Pitfalls in Physician Employment Contracts: How to Spot and Avoid Them

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  6. To Err is Human: Physician money mistakes, part 1

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Not legal advice. How a clause works in your contract depends on its exact wording and your state's law. Have an attorney licensed in your state review it before you sign.

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