Enacts the "fair broadcast employment act of 2013" to authorize the use of certain contract provisions for the employment of key employees in the broadcast industry.
STATE OF NEW YORK ________________________________________________________________________ 3666 2013-2014 Regular Sessions IN SENATE February 8, 2013 ___________Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee 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: Section 1. Short title. This act shall be known and may be cited as the "fair broadcast employment act of 2013". S 2. Section 202-k of the labor law, as added by chapter 398 of the laws of 2008, is amended to read as follows: S 202-k. Protection of persons employed in the broadcast industry. 1. For the purposes of this section: (a) "Broadcasting industry employer" includes INDIVIDUAL television stations or networks, INDIVIDUAL radio stations or networks, cable stations or networks, internet or satellite-based services similar to a broadcast station or network, any broadcast entities affiliated with any of the employers of this paragraph, or any other entity that provides broadcasting services such as news, weather, traffic, sports, or enter- tainment reports or programming. (b) "Broadcast employee" means any on-air employee or off-air employee of a broadcasting industry employer, excluding management employees. (C) "KEY BROADCAST EMPLOYEE" MEANS ANY ON-AIR OR OFF-AIR NON-MANAGE- MENT EMPLOYEE OF A BROADCASTING INDUSTRY EMPLOYER, WHO IS EITHER: (1) COMPENSATED IN THE HIGHEST TEN PERCENT OF ALL NON-MANAGEMENT EMPLOYEES EMPLOYED BY THE BROADCAST INDUSTRY EMPLOYER IN THIS STATE, OR (2) IS ONE OF FIVE DESIGNATED KEY NON-MANAGEMENT POSITIONS EMPLOYED BY THE BROAD- CAST INDUSTRY EMPLOYER IN THIS STATE, PROVIDED THE EMPLOYER HAS NOTIFIED THE EMPLOYEE OF SUCH DESIGNATION. 2.
[A]SUBJECT TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION, A broadcasting industry employer shall not require as a condition of employment, whether in an employment contract or otherwise, that aEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08201-01-3 S. 3666 2
broadcast employee or prospective broadcast employee refrain from obtaining employment: (a) in any specified geographic area; (b) for a specific period of time; or (c) with any particular employer or in any particular industry; after the conclusion of employment with such broadcasting industry employer. This section shall not apply to preventing the enforcement of such a covenant during the term of an employment contract. 3. THE RESTRICTIONS IN THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY TO MANAGEMENT EMPLOYEES OR KEY BROADCAST EMPLOY- EES, AS SO DESIGNATED BY BROADCASTING INDUSTRY EMPLOYERS. 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE ENFORCEMENT BY A BROADCASTING INDUSTRY EMPLOYER OF A POST-CONTRACT (A) RIGHT OF FIRST REFUSAL/RIGHT TO MATCH PROVISION, (B) EXCLUSIVE NEGOTIATION PROVISION, OR (C) CONFIDENTIALITY/NON-DISCLOSURE PROVISION IN ANY EMPLOYMENT CONTRACT. 5. Any person who violates this section shall be civilly liable to a broadcast employee for damages, attorney's fees and costs. S 3. This act shall take effect immediately.