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A Look at Law That Restricts Non-Competes In Broadcasting

By Michael I. Rudell and Neil J. Rosini

New York broadcast employees who otherwise have been subject to restrictive non-compete clauses in their employment contracts are the prime beneficiaries of the Broadcast Employees Freedom to Work Act, NY Labor Law '202-k, signed into law in 2008 by Governor David Paterson. The law forbids some, but not all, attempts by employers in broadcasting media to restrict the range of opportunities for certain employees following the termination or expiration of employment. Similar legislation benefiting broadcast industry employees has been passed in Arizona, Illinois, Massachusetts, Maine and Washington, DC; and non-compete provisions are banned in California.

In a press statement announcing the signing, Gov. Paterson cited the “unfair burden” that non-compete clauses inflict on broadcast professionals “by limiting their ability to move to other employers within the same market or within a certain time period,” and expressed the hope that eradicating those clauses will “empower broadcasters with greater independence as they pursue employment options.”

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