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Introduced Version House Bill 2659 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2659


(By Delegates Shaver, Mahan, Varner, Perry,
Martin and Argento)

[Introduced February 19, 2009; referred to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-16-1, §20-16-2, §20-16-3, §20-16-4 and §20-16-5, all relating to creating the Broadcast Employees Freedom to Work Act; short title; definitions; prohibiting employment with condition that employee refrain from other employment in broadcasting in a fifty to one hundred mile area; civil penalties for violation; and providing that waiver is prohibited.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §20-16-1, §20-16-2, §20-16-3, §20-16-4 and §20-16-5, all to read as follows:
ARTICLE 16. BROADCAST EMPLOYEES FREEDOM TO WORK ACT.
§20-16-1. Short title.
This article shall be known and may be cited as the "Broadcast Employees Freedom to Work Act".
§20-16-2. Protection of persons employed in the broadcast industry; definitions.
For the purposes of this article:
(a) "Broadcasting industry employer" includes television stations or networks, radio stations or networks, cable stations or networks, Internet or satellite-based services similar to a broadcast station or network, any broadcast entities affiliated with any or the employers of this section, or any other entity that provides broadcasting services such as news, weather, traffic, sports or entertainment reports or programming.
(b) "Broadcast employee" means any on-air employee or off-air employee of a broadcasting industry employer, excluding management employees.
§20-16-3. Prohibited employment restraints in broadcasting.
A broadcasting industry employer may not require as a condition of employment, whether in an employment contract or otherwise, that a broadcast employee or prospective broadcast employee refrain from obtaining employment:
(a) Within a radius of from fifty to one hundred miles from a place of employment in broadcasting in West Virginia; or
(b) For a period of one year following employment in broadcasting in West Virginia.
(c) With any particular employer or in any particular industry after the conclusion of employment with the broadcasting industry employer. This section does not apply to preventing the enforcement of such a covenant during the term of an employment contract.
§20-16-4. Civil liability; damages and attorney fees.
Any person who violates the provisions of section three of this article is liable to a broadcast employee for damages, attorney's fees and costs.
§20-16-5. Waiver of restrictions prohibited.
The protection provided by the provisions of section three of this article may not be waived, and any clause, covenant or agreement to waive the prohibition is void and may not be enforced against the parties in any court or other jurisdiction.



NOTE: The purpose of this bill is to create the Broadcast Employees Freedom to Work Act that prohibits employment with condition that employee refrain from other employment in broadcasting in a fifty to one hundred mile area or for a period of one year. It also provides civil penalties for violation and that waiver is prohibited.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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