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:
Section 1. Short title. This act shall be known and may be cited as
the "fair broadcast employment act of 2014".
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08201-03-4
A. 6671--A 2
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
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.