PRINTER'S NO. 465
No. 442 Session of 2005
INTRODUCED BY ORIE, WOZNIAK, KITCHEN AND LOGAN, MARCH 22, 2005
REFERRED TO LABOR AND INDUSTRY, MARCH 22, 2005
AN ACT
1 Prohibiting noncompete provisions in certain broadcast
2 employment contracts; and prescribing a penalty.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Broadcast
7 Industry Free Market Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Broadcast employee." An employee of a broadcast industry
13 employer. The term does not include such employee whose primary
14 duties for the broadcasting industry employer involve sales or
15 management.
16 "Broadcasting industry employer." A television station,
17 television network, radio station, radio network, cable station,
18 cable network or any broadcast affiliate thereof.
1 Section 3. Prohibition.
2 (a) General rule.--Except as otherwise provided in
3 subsection (b), no broadcasting industry employer may require in
4 any employment contract with a broadcast employee that the
5 broadcast employee or prospective broadcast employee refrain
6 from obtaining employment:
7 (1) in a geographic area;
8 (2) for a specific period of time; or
9 (3) for any particular employer or in any particular
10 industry;
11 after termination of employment with the broadcasting industry
12 employer.
13 (b) Exception.--This section shall not apply to the
14 enforcement of any such requirement during the term of the
15 contract or against a broadcast employee who breaches any other
16 provision of the contract.
17 Section 4. Penalties.
18 (a) Civil liability.--A person who violates this act shall
19 be civilly liable for damages, including attorney fees and
20 costs, incurred by a broadcast employee as a result of such
21 violation.
22 (b) Criminal offense.--A person who violates this act
23 commits a misdemeanor of the first degree.
24 Section 5. Effective date.
25 This act shall take effect in 60 days.
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