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New York State Passes Broadcast Employees Freedom To Work Act

Guest post by: Allison Grace

Article Overview: New York State Broadcast employers are prohibited from using non-compete agreements as a condition of employment.

New York State Passes Broadcast Employees Freedom To Work Act

The “Broadcast Employees Freedom to Work Act” was recently signed into law in New York State, prohibiting certain restrictions on broadcast employees that limit their flexibility to be hired after leaving a company.

The legislation bans contract provisions that condition employment based on certain types of “non-compete” agreements such as not allowing broadcasters to take another job in a particular region, with a competitor in the same market, or within a defined period of time.

The Act significantly restricts the ability of employers in the broadcasting industry to establish and enforce non-compete agreements with current and prospective employees. The law was put into immediate effect and provides that a Broadcasting Industry Employee 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 in any specified geographic area for a specific period of time or with any particular employer or in any particular industry after the conclusion of employment.

Broadcasting Industry Employers include television stations or networks, 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. Broadcast Employee means any on-air employee or off-air employee of a Broadcasting Industry Employer, excluding management employees.

Civil penalties for employers who violate this new law include damages, attorney’s fees and costs, and any waiver of the statute is invalid and unenforceable.

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Article Tags: broadcast employees, broadcast station, broadcasters, broadcasting services, cable stations, civil penalties, competitor, contract provisions, employment contract, entertainment reports, industry employer, industry employers, management employees, new york state, period of time, prospective employees, radio stations, refrain from, television stations, weather traffic



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