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 talent employee a provision that is a prospective employment access restriction. (SD1)

THE SENATE

S.B. NO.

3120

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

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

"Broadcast talent 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 a broadcast talent employee that:

    1. Requires a broadcast talent 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 talent 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; or
    3. Imposes any first refusal or other obligations upon a broadcast talent employee, permitting a broadcast employer to prevent a broadcast talent 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-   Prohibitions. (a) It is unlawful for a broadcast employer to include in any employment contract with a broadcast talent 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 talent 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 talent employee in a first employment contract between the parties.

§378-   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 broadcast talent employee or former broadcast talent 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.