Broadcast bill in Legislature

[genlock]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-16-1, §20-16-2, §20-16-3, §20-16-4 and §20-16-5, all relating to creating the Broadcast Employees Freedom to Work Act; short title; definitions; prohibiting employment with condition that employee refrain from other employment in broadcasting in a fifty to one hundred mile area; civil penalties for violation; and providing that waiver is prohibited.


Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §20-16-1, §20-16-2, §20-16-3, §20-16-4 and §20-16-5, all to read as follows:
ARTICLE 16. BROADCAST EMPLOYEES FREEDOM TO WORK ACT.
§20-16-1. Short title.
_____This article shall be known and may be cited as the "Broadcast Employees Freedom to Work Act".
§20-16-2. Protection of persons employed in the broadcast _ industry; definitions.
_____For the purposes of this article:
_____(a) "Broadcasting industry employer" includes 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 or the employers of this section, 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.
§20-16-3. Prohibited employment restraints in broadcasting.
_____A broadcasting industry employer may 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) Within a radius of from fifty to one hundred miles from a place of employment in broadcasting in West Virginia; or
_____(b) For a period of one year following employment in broadcasting in West Virginia.
_____(c) With any particular employer or in any particular industry after the conclusion of employment with the broadcasting industry employer. This section does not apply to preventing the enforcement of such a covenant during the term of an employment contract.
§20-16-4. Civil liability; damages and attorney fees.
_____Any person who violates the provisions of section three of this article is liable to a broadcast employee for damages, attorney's fees and costs.
§20-16-5. Waiver of restrictions prohibited.
_____The protection provided by the provisions of section three of this article may not be waived, and any clause, covenant or agreement to waive the prohibition is void and may not be enforced against the parties in any court or other jurisdiction.

[genlock]

The purpose of this bill is to create the Broadcast Employees Freedom to Work Act that prohibits employment with condition that employee refrain from other employment in broadcasting in a fifty to one hundred mile area or for a period of one year. It also provides civil penalties for violation and that waiver is prohibited.

[AmpedNow]

wut

[genlock]

wut

In the business this type of contract provision
is referred to as a "non-compete" clause.

It would stop you from quitting your job at WCHS-TV and going directly
to work for WSAZ-TV, for example. I don't know if radio stations have
things like this.

[Force Commander]

Trust me, radio is full of such things these days. All of you on the WVA side should call your house and senate member and ask them to vote for this. Non-competes gives too much power to an employer and take rights from employees. This sounds pie in the sky, but I try to make any agreement with my employees mutually beneficial. I should mention (not to brag but to be realistic) that I have gotten myself in trouble with managment one than once for doing business in this manner.

It does amaze me how many people just take the non-compete and sign it without question. Just because the manager says everybody signs it as is does not make it so. I have one, however mine says if I quit it goes into play. If they let me go the non-compete ends. It also says any changes in my job description nulls and voids the non-compete. The ownership forgot that as they changed the terms of my employment due to "economic conditions". I let it go knowing the companies' action ends the non-compete. I now have freedom to go where I wish and the current company can't do anything about it due to their own actions. Consider this the next time you are asked to sign one. Everything is negotiable, and every company can (if they will) negotiate.

[genlock]

I think that this type of bill has been introduced before, maybe several times.
It didn'y go anywhere before. Local owners of stations have much clout.

[Force Commander]

Don't totally give up on this. There are some states that have such a law in place. New York passed one last year. It was signed into law 8/6/08.

http://www.ny.gov/governor/press/press_0806083.html

[Arp2]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-16-1, §20-16-2, §20-16-3, §20-16-4 and §20-16-5, all relating to creating the Broadcast Employees Freedom to Work Act; short title; definitions; prohibiting employment with condition that employee refrain from other employment in broadcasting in a fifty to one hundred mile area; civil penalties for violation; and providing that waiver is prohibited.


Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §20-16-1, §20-16-2, §20-16-3, §20-16-4 and §20-16-5, all to read as follows:
ARTICLE 16. BROADCAST EMPLOYEES FREEDOM TO WORK ACT.
§20-16-1. Short title.
_____This article shall be known and may be cited as the "Broadcast Employees Freedom to Work Act".
§20-16-2. Protection of persons employed in the broadcast _ industry; definitions.
_____For the purposes of this article:
_____(a) "Broadcasting industry employer" includes 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 or the employers of this section, 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.
§20-16-3. Prohibited employment restraints in broadcasting.
_____A broadcasting industry employer may 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) Within a radius of from fifty to one hundred miles from a place of employment in broadcasting in West Virginia; or
_____(b) For a period of one year following employment in broadcasting in West Virginia.
_____(c) With any particular employer or in any particular industry after the conclusion of employment with the broadcasting industry employer. This section does not apply to preventing the enforcement of such a covenant during the term of an employment contract.
§20-16-4. Civil liability; damages and attorney fees.
_____Any person who violates the provisions of section three of this article is liable to a broadcast employee for damages, attorney's fees and costs.
§20-16-5. Waiver of restrictions prohibited.
_____The protection provided by the provisions of section three of this article may not be waived, and any clause, covenant or agreement to waive the prohibition is void and may not be enforced against the parties in any court or other jurisdiction.

You know, I have, like, a, uh, halfway decent ability to handle the English language, but, uh.....um, like, wow.....uh.....uh.....I dunno.....I'm thinking, maybe,...like that makes no sense or has about 300 ways you could drive a Volvo sleeper cab semi truck through it.....

...or am I even dumber than I think I am?

Could be, but, no, I don't think so.....as a matter of fact, I think I'm already up to about 500 ways around and through it......