Non-compete bill is signed into law

[aaronread]

The non-compete bill was signed into law by Gov.Patterson today.

http://www.rwonline.com/pages/s.0100/t.14966.html

I also got an email from NYSBA about it that included the text of the law, I've included it below. The new law does NOT affect existing contracts in the sense that the non-compete applies during the term of the employment contract. However, if your contract is over (i.e. you no longer work for a given employer) then the non-compete cannot be enforced. The new law says it takes effect "immediately", although I'm not familiar enough with NYS law to know if there's a delay period between when a bill is signed into law and the law actually is enforceable on the books? Like a 30 day paperwork processing sort of thing?

Regardless, I would not be surprised to see Brother Wease back on the air on Monday. ;D

S T A T E O F N E W Y O R K

________________________________________________________________________

2124--A
Cal. No. 195

2007-2008 Regular Sessions

I N A S S E M B L Y

January 12, 2007
___________

Introduced by M. of A. JOHN, NOLAN, PHEFFER, SCHROEDER, DelMONTE --
Multi-Sponsored by -- M. of A. GABRYSZAK, HOYT, SCHIMMINGER, WEISEN-
BERG -- read once and referred to the Committee on Labor -- reported
from committee, advanced to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading

AN ACT to amend the labor law, in relation to the broadcast employees
freedom to work act

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Short title. This act shall be known and may be cited as
2 the "broadcast employees freedom to work act".
3 S 2. The labor law is amended by adding a new section 202-k to read as
4 follows:
5 S 202-K. PROTECTION OF PERSONS EMPLOYED IN THE BROADCAST INDUSTRY. 1.
6 FOR THE PURPOSES OF THIS SECTION:
7 (A) "BROADCASTING INDUSTRY EMPLOYER" INCLUDES TELEVISION STATIONS OR
8 NETWORKS, RADIO STATIONS OR NETWORKS, CABLE STATIONS OR NETWORKS, INTER-
9 NET OR SATELLITE-BASED SERVICES SIMILAR TO A BROADCAST STATION OR
10 NETWORK, ANY BROADCAST ENTITIES AFFILIATED WITH ANY OF THE EMPLOYERS OF
11 THIS PARAGRAPH, OR ANY OTHER ENTITY THAT PROVIDES BROADCASTING SERVICES
12 SUCH AS NEWS, WEATHER, TRAFFIC, SPORTS, OR ENTERTAINMENT REPORTS OR
13 PROGRAMMING.
14 (B) "BROADCAST EMPLOYEE" MEANS ANY ON-AIR EMPLOYEE OR OFF-AIR EMPLOYEE
15 OF A BROADCASTING INDUSTRY EMPLOYER, EXCLUDING MANAGEMENT EMPLOYEES.
16 2. A BROADCASTING INDUSTRY EMPLOYER SHALL NOT REQUIRE AS A CONDITION
17 OF EMPLOYMENT, WHETHER IN AN EMPLOYMENT CONTRACT OR OTHERWISE, THAT A
18 BROADCAST EMPLOYEE OR PROSPECTIVE BROADCAST EMPLOYEE REFRAIN FROM
19 OBTAINING EMPLOYMENT:
20 (A) IN ANY SPECIFIED GEOGRAPHIC AREA;
21 (B) FOR A SPECIFIC PERIOD OF TIME; OR

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD03647-02-8

A. 2124--A 2

1 (C) WITH ANY PARTICULAR EMPLOYER OR IN ANY PARTICULAR INDUSTRY; AFTER
2 THE CONCLUSION OF EMPLOYMENT WITH SUCH BROADCASTING INDUSTRY EMPLOYER.
3 THIS SECTION SHALL NOT APPLY TO PREVENTING THE ENFORCEMENT OF SUCH A
4 COVENANT DURING THE TERM OF AN EMPLOYMENT CONTRACT.
5 3. ANY PERSON WHO VIOLATES THIS SECTION SHALL BE CIVILLY LIABLE TO A
6 BROADCAST EMPLOYEE FOR DAMAGES, ATTORNEY`S FEES AND COSTS.
7 S 3. Waiver. The protections provided by section two of this act may
8 not be waived, and any clause, covenant or agreement to waive such
9 prohibition shall be null and void and may not be enforced against the
10 parties in any court or other jurisdiction.
11 S 4. This act shall take effect immediately.