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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6671
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 12, 2013
                                      ___________
       Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
         tee on Labor
       AN ACT to amend the labor law, in relation to enacting the  fair  broad-
         cast employment act of 2013
         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 2013".
    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.
   23    2. [A] SUBJECT TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
   24  A broadcasting industry employer shall not require  as  a  condition  of
   25  employment,  whether  in  an  employment  contract  or otherwise, that a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08201-01-3
       A. 6671                             2
    1  broadcast  employee  or  prospective  broadcast  employee  refrain  from
    2  obtaining employment:
    3    (a) in any specified geographic area;
    4    (b) for a specific period of time; or
    5    (c)  with any particular employer or in any particular industry; after
    6  the conclusion of employment with such broadcasting  industry  employer.
    7  This  section  shall  not  apply to preventing the enforcement of such a
    8  covenant during the term of an employment contract.
    9    3. THE RESTRICTIONS IN THE  PROVISIONS  OF  SUBDIVISION  TWO  OF  THIS
   10  SECTION SHALL NOT APPLY TO MANAGEMENT EMPLOYEES OR KEY BROADCAST EMPLOY-
   11  EES, AS SO DESIGNATED BY BROADCASTING INDUSTRY EMPLOYERS.
   12    4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE ENFORCEMENT
   13  BY  A  BROADCASTING  INDUSTRY  EMPLOYER  OF A POST-CONTRACT (A) RIGHT OF
   14  FIRST  REFUSAL/RIGHT  TO  MATCH  PROVISION,  (B)  EXCLUSIVE  NEGOTIATION
   15  PROVISION,   OR  (C)  CONFIDENTIALITY/NON-DISCLOSURE  PROVISION  IN  ANY
   16  EMPLOYMENT CONTRACT.
   17    5. Any person who violates this section shall be civilly liable  to  a
   18  broadcast employee for damages, attorney's fees and costs.
   19    S 3. This act shall take effect immediately.