senate Bill S3666

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Feb / 2013
    • REFERRED TO LABOR
  • 08 / Jan / 2014
    • REFERRED TO LABOR
  • 07 / Apr / 2014
    • AMEND (T) AND RECOMMIT TO LABOR
  • 07 / Apr / 2014
    • PRINT NUMBER 3666A
  • 03 / Jun / 2014
    • AMEND AND RECOMMIT TO LABOR
  • 03 / Jun / 2014
    • PRINT NUMBER 3666B

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A6671
Versions:
S3666
S3666A
S3666B
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง202-k, Lab L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3666

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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 a

 EXPLANATION--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.

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