Bill Text: NY A06671 | 2013-2014 | General Assembly | Amended

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Bill Title: Enacts the "fair broadcast employment act of 2014" to authorize the use of certain contract provisions for the employment of key employees in the broadcast industry.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2014-04-14 - print number 6671a [A06671 Detail]

Download: New_York-2013-A06671-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6671--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 12, 2013
                                      ___________
       Introduced  by M. of A. HEASTIE, TITONE, ZEBROWSKI -- Multi-Sponsored by
         -- M. of A.  HEVESI, WRIGHT -- read once and referred to the Committee
         on Labor -- recommitted to the Committee on Labor in  accordance  with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN  ACT to amend the labor law, in relation to enacting the "fair broad-
         cast employment act of 2014"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "fair broadcast employment act of 2014".
    3    S 2. Section 202-k of the labor law, as added by chapter  398  of  the
    4  laws of 2008, is amended to read as follows:
    5    S  202-k. Protection of persons employed in the broadcast industry. 1.
    6  For the purposes of this section:
    7    (a) "Broadcasting industry employer"  includes  INDIVIDUAL  television
    8  stations  or  networks,  INDIVIDUAL  radio  stations  or networks, cable
    9  stations or networks, internet or satellite-based services similar to  a
   10  broadcast station or network, any broadcast entities affiliated with any
   11  of  the  employers  of this paragraph, or any other entity that provides
   12  broadcasting services such as news, weather, traffic, sports, or  enter-
   13  tainment reports or programming.
   14    (b) "Broadcast employee" means any on-air employee or off-air employee
   15  of a broadcasting industry employer, excluding management employees.
   16    (C)  "KEY  BROADCAST EMPLOYEE" MEANS ANY ON-AIR OR OFF-AIR NON-MANAGE-
   17  MENT EMPLOYEE OF A BROADCASTING INDUSTRY EMPLOYER, WHO  IS  EITHER:  (1)
   18  COMPENSATED  IN  THE HIGHEST TEN PERCENT OF ALL NON-MANAGEMENT EMPLOYEES
   19  EMPLOYED BY THE BROADCAST INDUSTRY EMPLOYER IN THIS STATE, OR (2) IS ONE
   20  OF FIVE DESIGNATED KEY NON-MANAGEMENT POSITIONS EMPLOYED BY  THE  BROAD-
   21  CAST INDUSTRY EMPLOYER IN THIS STATE, PROVIDED THE EMPLOYER HAS NOTIFIED
   22  THE EMPLOYEE OF SUCH DESIGNATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08201-03-4
       A. 6671--A                          2
    1    2. [A] SUBJECT TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
    2  A  broadcasting  industry  employer  shall not require as a condition of
    3  employment, whether in an  employment  contract  or  otherwise,  that  a
    4  broadcast  employee  or  prospective  broadcast  employee  refrain  from
    5  obtaining employment:
    6    (a) in any specified geographic area;
    7    (b) for a specific period of time; or
    8    (c)  with any particular employer or in any particular industry; after
    9  the conclusion of employment with such broadcasting  industry  employer.
   10  This  section  shall  not  apply to preventing the enforcement of such a
   11  covenant during the term of an employment contract.
   12    3. THE RESTRICTIONS IN THE  PROVISIONS  OF  SUBDIVISION  TWO  OF  THIS
   13  SECTION SHALL NOT APPLY TO MANAGEMENT EMPLOYEES OR KEY BROADCAST EMPLOY-
   14  EES, AS SO DESIGNATED BY BROADCASTING INDUSTRY EMPLOYERS.
   15    4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE ENFORCEMENT
   16  BY  A  BROADCASTING  INDUSTRY  EMPLOYER  OF A POST-CONTRACT (A) RIGHT OF
   17  FIRST  REFUSAL/RIGHT  TO  MATCH  PROVISION,  (B)  EXCLUSIVE  NEGOTIATION
   18  PROVISION,   OR  (C)  CONFIDENTIALITY/NON-DISCLOSURE  PROVISION  IN  ANY
   19  EMPLOYMENT CONTRACT.
   20    5. Any person who violates this section shall be civilly liable  to  a
   21  broadcast employee for damages, attorney's fees and costs.
   22    S 3. This act shall take effect immediately.