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I don't your employer can characterize your entire life as 'work hours'. Do you log what time you work for them (you should)?

It also might be relevant to ask, if your side project has anything to do with your job or what you do for them. If it's completely unrelated, I think that would also think that would help.

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Are both 2 web apps, but in completely unrelated fields...

You may also want to check with your HR department to see how they interpret it. Your employer may even be willing to sign a statement clarifying they won't attempt to appropriate your other works. You could also consult a lawyer I suppose, though you've got to weigh the cost/benefit there.

I suppose the big question is how valuable you expect your side project to be. In most cases it probably isn't a big deal, though if you think it's gonna be the next Instagram or Uber, you might wanna make sure nobody comes after your money once you're popular.

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