[ars]

A very general difference is being paid for your labor vs your thoughts.

People paid for their labor are paid by the hour and get overtime. People paid for their thoughts usually get paid per year, and don't get overtime.

I guess the general idea is that you are always thinking, so how would it be possible to decide when you are or are not on the clock?

(Obviously this is a generalization with lots of exceptions, it's just so you have at least an idea of the reasoning (since you asked).)

[eternalban]

I do not like that line of thinking! Per your view, the employer can then claim your "thoughts" outside of the office as their "property". Anytime someone puts a[n] employment agreement that claims right to all my intellectual output while employed I say "Thanks, but no thanks."

[bmj]

My experience is that many, many contracts for programmer-types include a clause about intellectual property. In my direct experience, no employer has ever collected on this. I suspect if an employer did exercise it, it would be for IP directly related to their business/product. But...that's a hope, not necessarily a reality.

[eternalban]

My last employer actually said something along the same thing during negotiations. I countered with "then why even have it in the contract?". He was a reasonable man.

Also that whole "related to their business" is over-reach as well. If I work for (say) a database company and am providing quality work but spend my nights at home designing a new kind of database, what possible (reasonable) claim can the employer have on my private work? All this and yet we are "employed at will".

[ars]

> Per your view, the employer can then claim your "thoughts" outside of the office as their "property".

Yah, and in fact that is exactly what they do. Usually they make you give them a list of any prior inventions you already have, and they claim ownership of everything else.

Obviously you can negotiate and not sign it, but it's pretty typical clause.