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.