Bill Text: NY S00521 | 2017-2018 | General Assembly | Amended


Bill Title: Enacts the "fair broadcast employment act of 2018" to authorize the use of certain contract provisions for the employment of key employees in the broadcast industry.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-24 - PRINT NUMBER 521A [S00521 Detail]

Download: New_York-2017-S00521-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         521--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen.  YOUNG  -- 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
        AN  ACT to amend the labor law, in relation to enacting the "fair broad-
          cast employment act of 2018"
          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 2018".
     3    § 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    §  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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03011-02-8

        S. 521--A                           2
     1  sion in a city having a population of one million or more or is an enti-
     2  ty with its principal place of business located in such a city; or
     3    (2)  is  reasonably anticipated to receive a total annual compensation
     4  package of one hundred thousand dollars or more from a broadcast  indus-
     5  try  employer  that is licensed by the Federal Communications Commission
     6  in a city having a population of less than one million or is  an  entity
     7  with its principal place of business located in such a city.
     8    2. [A] Subject to the provisions of subdivision three of this section,
     9  a  broadcasting  industry  employer  shall not require as a condition of
    10  employment, whether in an  employment  contract  or  otherwise,  that  a
    11  broadcast  employee  or  prospective  broadcast  employee  refrain  from
    12  obtaining employment:
    13    (a) in any specified geographic area;
    14    (b) for a specific period of time; or
    15    (c) with any particular employer or in any particular industry;  after
    16  the  conclusion  of employment with such broadcasting industry employer.
    17  This section shall not apply to preventing the  enforcement  of  such  a
    18  covenant during the term of an employment contract.
    19    3.  The  restrictions  in  the  provisions  of subdivision two of this
    20  section shall not apply to employees whose  services  primarily  include
    21  sales or management functions, or who are key employees.
    22    4. Nothing in this section shall be construed to limit the enforcement
    23  by  a  broadcasting  industry  employer  of a post-contract (a) right of
    24  first  refusal/right  to  match  provision,  (b)  exclusive  negotiation
    25  provision,   or  (c)  confidentiality/non-disclosure  provision  in  any
    26  employment contract.
    27    5. Any person who violates this section shall be civilly liable  to  a
    28  broadcast employee for damages, attorney's fees and costs.
    29    § 3. This act shall take effect immediately.
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