Report Title:

Broadcast Employees; Prohibit Restriction on Post Termination Employment

Description:

Makes it unlawful for a broadcast employer to include in any employment contract with a current or prospective broadcast employee a provision that prevents the employee for seeking and commencing employment with another employer after termination of the contract, with certain exceptions. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1769

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

S.D. 1


 

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 EMPLOYMENT contractS

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

"Broadcast employee" means a current or prospective employee who is hired primarily as either an on-air personality or as a non-management off-air employee, and whose annual income does not exceed $75,000.

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

§378-    Prohibitions; exceptions. It shall be unlawful for a broadcast employer to include in an employment contract with a broadcast employee any noncompete restriction that prohibits a broadcast employee from accepting and commencing employment with another broadcast employer at any time after the termination of employment with the broadcast employer; provided that this section shall not prohibit an employment contract from containing:

(1) A noncompete restriction that is applicable to an employee who quits during the term of a contract; or

(2) A right of first refusal provision.

§378-    Relief. (a) A broadcast employee who is aggrieved by a violation of this part may bring an action to void the contract, for damages, or for declaratory or injunctive relief.

(b) A broadcast employee who prevails in an action under this part shall be entitled to recover damages actually incurred or $25,000, 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 on July 1, 2050, and shall be effective for contracts executed after its effective date.