Report Title:

Broadcast Employees; Prohibit Noncompete Clauses

Description:

Makes it unlawful for a broadcast employer to include in any employment contract with a current or prospective broadcast employee a provision that is a prospective employment access restriction.

HOUSE OF REPRESENTATIVES

H.B. NO.

1769

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to employment contracts for broadcast industry employees.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 378, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Broadcast industry freedom of contract

§378-A Definitions. As used in this part, unless the context otherwise requires:

"Broadcast employee" means a current or prospective employee of a broadcast employer.

"Broadcast employer" means an employer that is a television station, television network, radio station, radio network, or other similar entity.

"Prospective employment access restriction" means a term or clause in an employment contract between a broadcast employer and a broadcast employee that:

    1. Requires a broadcast employee to negotiate exclusively with a broadcast employer concerning continued or future employment that commences during the final six months of an employment contract or after the term of an employment contract;
    2. Prohibits or limits any broadcast employee, during the final six months of the term of an employment contract with a broadcast employer, from communicating or negotiating with any third party or entering into an agreement of any kind concerning employment that commences after the term of the employment contract;
    3. Imposes any first refusal or other obligations upon an employee, permitting a broadcast employer to prevent a broadcast employee from accepting employment that commences after the term of the employment contract with a new prospective employer by matching the compensation or other benefits offered by the new prospective employer.

§378-B Prohibitions. (a) It is unlawful for a broadcast employer to include in any employment contract with a broadcast employee a prospective employment access restriction provision.

(b) If a broadcast employer includes a provision in an employment contract that the broadcast employer knew or should have known was a violation of this part, or is unlawful or unenforceable under any other provision of state or federal law, the aggrieved broadcast employee may elect to void the employment contract in whole or in part.

(c) Nothing in this section shall prohibit a broadcast employer from imposing a first-refusal or other obligations upon a broadcast employee in a first employment contract between the parties.

§378-C Relief. (a) Any person aggrieved by a violation of this part may bring an action for damages or for declaratory or injunctive relief.

(b) Any employee or former employee who prevails in an action under this part shall be entitled to recover damages actually incurred or $5,000, whichever is greater, and shall be awarded reasonable attorneys' fees and costs as provided in section 607-14.9."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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