What's happening
This bill updates labor laws for the broadcast industry, restricting non-compete clauses for most employees except key, sales, or management staff.
Why it matters
Limits employers’ ability to enforce non-compete agreements for most broadcast workers. , which could make it easier for on-air and off-air employees to change jobs within the industry and negotiate better terms, increasing job mobility and competition.
Defines “key broadcast employees” based on high salary thresholds and city size. , meaning only highly paid talent in major markets (over $250,000 in NYC or $100,000 elsewhere), as well as those in sales or management, can still be subject to non-compete clauses—protecting rank-and-file staff from restrictive contracts.
Specifies exceptions for certain contract terms. , allowing employers to still use provisions like confidentiality, non-disclosure, exclusive negotiation rights, and right-of-first-refusal even for protected employees, so some employer interests and trade secrets remain safeguarded.
Creates financial consequences for unlawful non-compete enforcement. , letting employees sue for damages and legal fees if an employer violates the new rules, which may deter companies from using banned contract clauses.
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Who cares
Broadcast station owners, networks and streaming services
The bill would allow post-employment noncompete requirements for key broadcast employees and employees whose services primarily involve sales or management.
Higher-paid on-air and off-air broadcast employees
Employees anticipating annual compensation of at least $250,000 or $100,000, depending on the employer’s location, could lose statutory protection against post-employment noncompetes.
Broadcast sales employees
The bill would exempt employees whose services primarily involve sales from protections against restrictions on where, when or for whom they may work after leaving a job.
Broadcast employees negotiating contracts
The bill would preserve employers’ ability to enforce post-contract rights of first refusal or matching rights, exclusive negotiation provisions and confidentiality or nondisclosure provisions.
Headline styles
Allow Broadcast Noncompete Contracts
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Broadcasters Use Key Contracts
In Senate Committee · Labor · Sponsor Catharine Young
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4828
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
Introduced by M. of A. TITUS -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to enacting the "fair broadcast employment act of 2019"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "fair broadcast employment act of 2019".
§ 2. Section 202-k of the labor law, as added by chapter 398 of the laws of 2008, is amended to read as follows:
§ 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 entertainment 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 employer:
(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 Commission in a city having a population of one million or more or is an entity 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03073-01-9
A. 4828 2
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 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 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 employment contract.
5. Any person who violates this section shall be civilly liable to a broadcast employee for damages, attorney's fees and costs.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.