Bill Text: MI HB5750 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Communications; broadcasting; employment contracts for broadcasters; prohibit certain provisions. Amends sec. 4a of 1984 PA 274 (MCL 445.774a).

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2010-01-20 - Printed Bill Filed 01/20/2010 [HB5750 Detail]

Download: Michigan-2009-HB5750-Introduced.html

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HOUSE BILL No. 5750

 

January 19, 2010, Introduced by Reps. Miller, Liss, Mayes, Constan, Geiss, Smith, Roberts, Angerer, Leland, Barnett, Byrnes, Corriveau, Slavens, Durhal, Young, Slezak, Meadows, Switalski and Polidori and referred to the Committee on Judiciary.

 

     A bill to amend 1984 PA 274, entitled

 

"Michigan antitrust reform act,"

 

by amending section 4a (MCL 445.774a), as added by 1987 PA 243.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4a. (1) An Except as otherwise provided in this section,

 

an employer may obtain from an employee an agreement or covenant

 

which that protects an employer's reasonable competitive business

 

interests and expressly prohibits an employee from engaging in

 

employment or a line of business after termination of employment if

 

the agreement or covenant is reasonable as to its duration,

 

geographical area, and the type of employment or line of business.

 

To the extent any such agreement or covenant is found to be

 

unreasonable in any respect, a court may limit the agreement to

 

render it reasonable in light of the circumstances in which it was

 

made and specifically enforce the agreement as limited.

 

     (2) A broadcast industry employer shall not require a

 

broadcast employee or prospective broadcast employee to agree to

 

and shall not include in an employment contract or agreement any of

 

the following:

 

     (a) A restriction on the right of the broadcast employee to

 

obtain employment in a specified geographic area for a specified

 

time after termination of employment by the employer, by mutual

 

agreement, or by expiration of the employment contract.

 

     (b) A requirement to disclose the existence of, or the terms

 

or conditions of, any offer of employment the broadcast employee or

 

prospective employee may receive from any other broadcast industry

 

employer.

 

     (c) A requirement to agree to enter into a subsequent

 

employment contract with the broadcast industry employer or to

 

extend or renew the existing employment contract on the same terms

 

and conditions offered to the broadcast employee by a prospective

 

employer.

 

     (3) A contract term prohibited by subsection (2) is void and

 

unenforceable. A person who violates this section is liable for

 

civil damages, and, in addition, the court shall award an

 

individual who prevails in an action for a violation of subsection

 

(2) reasonable attorney fees and costs of litigation.

 

     (4) As used in this section:

 

     (a) "Broadcast employee" means any employee of a broadcast

 

industry employer except an employee providing primarily sales or

 

management functions.

 

     (b) "Broadcast industry employer" means the owner or operator

 

of 1 or more broadcast television or radio stations, excluding an

 

entity that distributes programming to 2 or more cable systems, as

 

defined in 47 USC 522.

 

     (5) (2) This section shall apply Subsection (1) applies to

 

covenants and agreements which that are entered into after March

 

29, 1985. Subsections (2) and (3) apply to contracts and agreements

 

that are entered into after April 1, 2010.

 

     Enacting section 1. This amendatory act takes effect April 1,

 

2010.