Re:Ask HN: Using a side project at my day job
by alok-g on Saturday December 21, 2013 @12:42PM
(#6947274)
On the California Labor Code:
Note that this specifically mentions "inventions". Inventions are clearly distinct from copyrights, to which software is subject to. It is unclear if the labor code was intending to mean all forms of IP including copyrights.
Also, in this case now, the side project is clearly related to the employers line of business.
Note: IANAL
By the way you mention having an employment that is relatively lenient which is good.
As an employer I would still advise you to either include an appendix or send an email to your legal department listing your side projects, open source projects you contribute to and/or anything else you think should be included there. It is probably being over cautious on your side but remember than employment is like a marriage; everything is fine and nice when they get you to sign on that contract but you never know what will happen when you leave your job to seek your next opportunity.
Additionally if you are in the US, you probably signed on some sort of PIIA (ROPRIETARY INFORMATION AND INVENTIONS AGREEMENT) which will assign anything that you've developed or invented back to the company, some will make it lax and some will be stricter, I would guess most employers will be stricter in order to avoid any potential IP problem in the future.
However if you are in California, know your rights. There's the California Labor Code Section 2870 which states the following: