Can an exempt employee do after hours work for the same employer on a non company related project and not be considered an employee?

Answer 1

I am interpreting this question as "can an exempt employee do 'off-the-clock' work for their primary employer? The answer to that is no. If an exempt employee is doing required work for the organization, it doesn't matter what time of day or night, or what day of the week that the work is being done. They are always considered an employee while performing a project or function for their employer company. The employee can, however, volunteer for an organization (non-profit for example) as part of their community service a group of co-workers from their regular employer. They would not be considered working in that case because it is not required and the employer simply supported the service activity. For instance, the employee joins a Habitat for Humanity volunteer team with others from their organization and they get hurt on the jobsite. This is not a workers comp claim because it was not a work activity. All work is done at the risk of the individual volunteer. If you are asking if an employee can work on an employer's site, on a non-work related project, and on a project that is not required... the issue is whether or not your employer is willing to allow you to use their office and resources for your project.