Bill Text: NY A08109 | 2015-2016 | General Assembly | Introduced

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Bill Title: Enacts the "fair broadcast employment act of 2015" to authorize the use of certain contract provisions for the employment of key employees in the broadcast industry.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to labor [A08109 Detail]

Download: New_York-2015-A08109-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8109
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 9, 2015
                                      ___________
       Introduced  by M. of A. TITUS -- read once and referred to the Committee
         on Labor
       AN ACT to amend the labor law, in relation to enacting the "fair  broad-
         cast employment act of 2015"
         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 2015".
    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 BROADCAST EMPLOYEE, WHO AT  THE
   17  TIME OF SIGNING AN EMPLOYMENT CONTRACT WITH A BROADCAST INDUSTRY EMPLOY-
   18  ER:
   19    (1)  IS  REASONABLY ANTICIPATED TO RECEIVE A TOTAL ANNUAL COMPENSATION
   20  PACKAGE OF TWO HUNDRED FIFTY THOUSAND DOLLARS OR MORE FROM  A  BROADCAST
   21  INDUSTRY EMPLOYER THAT IS LICENSED BY THE FEDERAL COMMUNICATIONS COMMIS-
   22  SION IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR IS AN ENTI-
   23  TY WITH ITS PRINCIPAL PLACE OF BUSINESS LOCATED IN SUCH A CITY; OR
   24    (2)  IS  REASONABLY ANTICIPATED TO RECEIVE A TOTAL ANNUAL COMPENSATION
   25  PACKAGE OF ONE HUNDRED THOUSAND DOLLARS OR MORE FROM A BROADCAST  INDUS-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07219-01-5
       A. 8109                             2
    1  TRY  EMPLOYER  THAT IS LICENSED BY THE FEDERAL COMMUNICATIONS COMMISSION
    2  IN A CITY HAVING A POPULATION OF LESS THAN ONE MILLION OR IS  AN  ENTITY
    3  WITH ITS PRINCIPAL PLACE OF BUSINESS LOCATED IN SUCH A CITY.
    4    2. [A] SUBJECT TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
    5  A  broadcasting  industry  employer  shall not require as a condition of
    6  employment, whether in an  employment  contract  or  otherwise,  that  a
    7  broadcast  employee  or  prospective  broadcast  employee  refrain  from
    8  obtaining employment:
    9    (a) in any specified geographic area;
   10    (b) for a specific period of time; or
   11    (c) with any particular employer or in any particular industry;  after
   12  the  conclusion  of employment with such broadcasting industry employer.
   13  This section shall not apply to preventing the  enforcement  of  such  a
   14  covenant during the term of an employment contract.
   15    3.  THE  RESTRICTIONS  IN  THE  PROVISIONS  OF SUBDIVISION TWO OF THIS
   16  SECTION SHALL NOT APPLY TO EMPLOYEES WHOSE  SERVICES  PRIMARILY  INCLUDE
   17  SALES OR MANAGEMENT FUNCTIONS, OR WHO ARE KEY EMPLOYEES.
   18    4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE ENFORCEMENT
   19  BY  A  BROADCASTING  INDUSTRY  EMPLOYER  OF A POST-CONTRACT (A) RIGHT OF
   20  FIRST  REFUSAL/RIGHT  TO  MATCH  PROVISION,  (B)  EXCLUSIVE  NEGOTIATION
   21  PROVISION,   OR  (C)  CONFIDENTIALITY/NON-DISCLOSURE  PROVISION  IN  ANY
   22  EMPLOYMENT CONTRACT.
   23    5. Any person who violates this section shall be civilly liable  to  a
   24  broadcast employee for damages, attorney's fees and costs.
   25    S 3. This act shall take effect immediately.