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 on-air broadcast employee a provision that is a prospective employment access restriction.
THE SENATE |
S.B. NO. |
3120 |
TWENTY-SECOND LEGISLATURE, 2004 |
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STATE OF HAWAII |
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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:
"On-air broadcast employee" means a current or prospective employee of a broadcast employer who does on-air reporting, anchoring, or announcing.
"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 an on-air broadcast employee that:
§378-B Prohibitions. (a) It is unlawful for a broadcast employer to include in any employment contract with an on-air 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 on-air 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 an on-air 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 on-air broadcast employee or former on-air broadcast 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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