Senate Bill S5616

2011-2012 Legislative Session

Enacts the broadcast employees' freedom to work act; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S5616 (ACTIVE) - Details

See Assembly Version of this Bill:
A8236
Law Section:
Labor Law
Laws Affected:
Rpld & add ยง202-k, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5890, A9004
2013-2014: A4954
2015-2016: A3832

2011-S5616 (ACTIVE) - Summary

Enacts the broadcast employees' freedom to work act.

2011-S5616 (ACTIVE) - Sponsor Memo

2011-S5616 (ACTIVE) - Bill Text download pdf

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

                                  5616

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 7, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation  to  enacting  the  broadcast
  employees'  freedom  to  work act; and to repeal certain provisions of
  such law relating thereto

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

  Section  1. This act shall be known and may be cited as the "broadcast
employees' freedom to work act".
  S 2.  Section 202-k of the labor law is REPEALED  and  a  new  section
202-k is added to read as follows:
  S  202-K. PROTECTION OF PERSONS EMPLOYED IN THE BROADCAST INDUSTRY. 1.
DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  (A) "BROADCASTING INDUSTRY EMPLOYER" INCLUDES (I) TELEVISION  STATIONS
OR  NETWORKS, RADIO STATIONS OR NETWORKS, OR CABLE STATIONS OR NETWORKS,
(II) INTERNET OR SATELLITE-BASED SERVICES SIMILAR TO A BROADCAST STATION
OR NETWORK AND THAT PROVIDE COVERED BROADCASTING SERVICES, AND (III) ANY
OTHER ENTITY THAT PROVIDES COVERED BROADCASTING SERVICES.
  (B) "COVERED BROADCASTING SERVICES" SHALL MEAN THE PROVISION OF BROAD-
CASTING SERVICES SUCH AS  NEWS,  WEATHER,  TRAFFIC,  SPORTS,  OR  ENTER-
TAINMENT  REPORTS,  OR OTHER FORMS OF CONTENT PROGRAMMING; PROVIDED THAT
FOR PURPOSES OF THIS SECTION, AN ENTITY SHALL  NOT  BE  PRESUMED  TO  BE
ACTIVELY  ENGAGED  IN  THE  PROVISION  OF  COVERED BROADCASTING SERVICES
UNLESS AT LEAST THIRTY PERCENT OF ITS ASSETS OR EMPLOYEES ARE  DEDICATED
PRIMARILY TO THE PROVISION OF SUCH SERVICES.
  (C)  "BROADCAST  EMPLOYEE"  SHALL MEAN (I) ANY ON-AIR EMPLOYEE OR (II)
OFF-AIR EMPLOYEE OF A BROADCASTING INDUSTRY  EMPLOYER  PROVIDING  DIRECT
SUPPORT OR SERVICES TO ANY ON-AIR EMPLOYEE, EXCLUDING MANAGEMENT EMPLOY-
EES.
  (D)  "MANAGEMENT  EMPLOYEE"  SHALL  MEAN AN EMPLOYEE (I) WHOSE PRIMARY
DUTY CONSISTS OF THE MANAGEMENT OF THE ENTERPRISE IN WHICH SUCH INDIVID-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01109-01-1
              

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