Amends the broadcast employees freedom to work act

BILL NUMBER:A8968

Title of bill

An act to amend the labor law, in relation to the broadcast employees freedom to work act

Purpose Or General Idea Of Bill: To clarify the protections of persons employed in the broadcast industry.

Summary Of Specific Provisions: This bill excludes the enforcement by a broadcasting industry employer of any post-contractual confidentiality or non-disclosure provision from that which is prohibited as a covenant not to compete under section 202-k of the Labor Law.

Effects Of Present Law Which This Bill Would After: Section 202-k of the Labor Law prohibits 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 a particular employer or in any particular industry; after the conclusion of employment. This section also provides civil liability for violations of these protections.

Justification: Section 202-k of the Labor Law was intended to protect broadcast employees by prohibiting, as a condition of employment, covenants not to compete. The protections provided by this section are, however, overly broad and unintentionally capture post-contractual confidentiality or nondisclosure provisions. This bill provides an exception for these provisions and thus offers reasonable protections for broadcast employers relating to potentially sensitive confidential information.

Prior Legislative History: New Bill.

Fiscal Implications For State And Local Governments: None to the state.

Effective Date: Immediately.