What is the legality of an HR manager working additional hours in another department?

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What is the legality of an HR manager working additional hours in another department?

In my company we have a department where full-time employees can earn extra income part-time, on top of their regular salaries. The HR manager has been working in this department for the past year and has even asked to be moved into a managerial role. Is this legal/ethical for the HR manager, who takes part in the process of hiring and firing employees, to be working elsewhere in the company? This department is the essentially the only area where the HR manager is able to pick up extra hours to make more income, compared to other departments. To give an example, it’s not like the HR manager can all of a sudden go work in the accounting department or operations department for a limited amount of hours per week. This is truly a conflict of interest, since the HR manager is supposed to be unbiased in all employee matters, and this person has literally gone on their own volition without contacting the actual managers of this department to get the employees of this department

Asked on November 25, 2017 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless there is an employment contract or union agreement to the contrary, there is no legal prohibition against an HR manager working elsewhere in their company. While it may not be a good idea for the reasons that you cite, it breaks no laws. The bottom line here is that a company can set the conditions of the worklace much as it sees fit (absent some form of legally actionable discrimination). 


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