2019 -- S 0345

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LC001288

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - NONCOMPETE AGREEMENTS -

BROADCAST EMPLOYEES

     

     Introduced By: Senators Lombardi, Ciccone, Archambault, Morgan, and McCaffrey

     Date Introduced: February 13, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

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CHAPTER 58

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NONCOMPETE AGREEMENTS - BROADCAST EMPLOYEES

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     28-58-1. Definitions.

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     As used in this chapter:

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

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

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

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

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those employees whose services primarily include sales or management functions;

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

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

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or cable networks;

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

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

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

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agreement;

 

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

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local cable systems;

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

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more local cable systems; and

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

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to time amended, operating in the state.

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

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

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employee may contain a provision requiring that such broadcast employee:

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

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

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

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

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employment contract; or

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

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

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conditions offered by a prospective employer.

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

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

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

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renewed, or extended on or after January 1, 2020.

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     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

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employment contracts that are entered into after January 1, 2020.

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     This act would take effect upon passage.

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