S T A T E O F N E W Y O R K
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 -- recommitted to
the Committee on Labor in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- 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 BROADCAST EMPLOYEE, WHO AT THE
TIME OF SIGNING AN EMPLOYMENT CONTRACT WITH A BROADCAST INDUSTRY EMPLOY-
(1) IS REASONABLY ANTICIPATED TO RECEIVE A TOTAL ANNUAL COMPENSATION
PACKAGE OF TWO HUNDRED FIFTY THOUSAND DOLLARS OR MORE FROM A BROADCAST
INDUSTRY EMPLOYER THAT IS LICENSED BY THE FEDERAL COMMUNICATIONS COMMIS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3666--B 2
SION IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR IS AN ENTI-
TY WITH ITS PRINCIPAL PLACE OF BUSINESS LOCATED IN SUCH A CITY; OR
(2) IS REASONABLY ANTICIPATED TO RECEIVE A TOTAL ANNUAL COMPENSATION
PACKAGE OF ONE HUNDRED THOUSAND DOLLARS OR MORE FROM A BROADCAST INDUS-
TRY EMPLOYER THAT IS LICENSED BY THE FEDERAL COMMUNICATIONS COMMISSION
IN A CITY HAVING A POPULATION OF LESS THAN ONE MILLION OR IS AN ENTITY
WITH ITS PRINCIPAL PLACE OF BUSINESS LOCATED IN SUCH A CITY.
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
(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 EMPLOYEES WHOSE SERVICES PRIMARILY INCLUDE
SALES OR MANAGEMENT FUNCTIONS, OR WHO ARE KEY EMPLOYEES.
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
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.