Re: Question about non-compete clauses

[Dave Faneuf <tklaundry@juno.com>]

Regarding the recent discussion re: non-competes.  As someone involved
somewhat in getting it approved in Massachusetts here is the low down.

Non-compete clauses in personal contracts in Massachusetts are generally
now illegal.  The exception to that is if there was a contract in place
when the law took effect, fall of 1998 I believe.  That non-compete is
still binding, however in any subsequent contracts a non-compete is
illegal in Massachusetts. 

This non-compete clause ban in Massachusetts, while spearheaded by AFTRA
applies to everyone who works in broadcasting in Massachusetts union or
not.

Non-compete clauses have been illegal in the legal profession in
Massachusetts for some time.

I suppose there would be questions regarding ancillary services such as
weather that is subcontracted.  I would guess that if there is a
broadcast division of a specific company providing weather based in
Massachusetts the non-compete ban would apply.  Questions could also be
raised about the enforcement of the non-compete ban if a service such as
Metro Networks was based out of state, say Hartford, and provided news
for Massachusetts radio stations.  I think lawyers can look forward to
some additional fees on that one.

Other states broadcasters and AFTRA offices have contacted AFTRA in
Boston inquiring how we got it approved and signed into law. 

I didn't play a major role in the passage of the bill, but did get my
local delegation to get behind it and put pressure to get it out of
committee and onto the floor for a vote.

df

On Sat, 15 Apr 2000 15:21:28 -0400 "R.L. Caron" <k4gp@peganet.com>
writes:
> <<  I believe it's a Massachusetts state law, thanks to AFTRA's 
> efforts,
> that non-competes are illegal, specifically for broadcasters. >>
> 
> I'd like to hear the legal rationale for that: why are non-competes 
> so bad
> in broadcasting but just fine for lawyers, pharmacists, and real 
> estate
> agents?  How is THAT in the public interest? Maine legislators 
> couldn't come
> up with good answers, so we were left to assume the new law is just 
> a sop to
> the union crowd to crank up the 'campaign contributions.'
> 

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