2018 -- S 2304

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LC004260

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - NONCOMPETE AGREEMENTS -

BROADCAST EMPLOYEES

     Introduced By: Senators Nesselbush, P Fogarty, Lombardi, Quezada, and Crowley

     Date Introduced: February 01, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR

RELATIONS" is hereby amended by adding thereto the following chapter:

CHAPTER 58

NONCOMPETE AGREEMENTS - BROADCAST EMPLOYEES

     28-58-1. Definitions.

     (1) "Associated broadcast entities" means entities that provide reporting services to

broadcast television or radio stations, including, without limitation, subcontractors that provide

weather, sports, traffic, and other reports for broadcast or cablecast;

     (2) "Broadcast employee" means any employee of a broadcast industry employer, except

those employees whose services primarily include sales or management functions;

     (3) "Broadcast industry employer" means the owner or operator of one or more broadcast

television or radio stations, including any associated broadcast entity, but excluding cable stations

or cable networks;

     (4) "Broadcast television or radio station" means an entity that is owned or operated

either by holding a Federal Communications Commission television or radio license for the

station, or by operating a station through a local service, sales, marketing, or outsourcing

agreement;

     (5) "Cable network" means an entity that distributes programming to two (2) or more

local cable systems;

     (6) "Cable station" means an entity that produces or transmits programming to one or

more local cable systems; and

     (7) "Local cable system" means a cable system, as defined in 47 U.S.C. 522, as from time

to time amended, operating in the state.

     28-58-2. Noncompete agreements – Broadcast employees.

     (a) No broadcast industry employer employment contract for the services of a broadcast

employee may contain a provision requiring that such broadcast employee:

     (1) Refrain from obtaining employment in a specified geographical area for a specified

period of time after termination of employment with that broadcast industry employer;

     (2) Disclose the terms or conditions of an offer of employment, or the existence of any

such offer, from any other broadcast industry employer following the expiration of the term of the

employment contract; or

     (3) Agree to enter into a subsequent employment contract with the broadcast industry

employer, or extend or renew the existing employment contract, upon the same terms and

conditions offered by a prospective employer.

     (b) Any person who is aggrieved by a violation of this section may bring a civil action in

the superior court to recover damages, together with court costs and reasonable attorneys' fees.

     (c) The provisions of this section shall apply to employment contracts entered into,

renewed, or extended on or after January 1, 2019.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - NONCOMPETE AGREEMENTS -

BROADCAST EMPLOYEES

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     This act would prohibit the inclusion of noncompete agreements in broadcast industry

employment contracts that are entered into after January 1, 2019.

     This act would take effect upon passage.

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