Noncompetes

[Robert S Chase]

The annotations show that it was enacted in the Acts and Resolves of 1998 
Chapter 237. Too late for Jerry Williams (aka Gerald Jacoby) So my question 
is which legislator was trying to get a radio gig around that time and had 
the clout to get this enacted? It probably wasn't Finneran since it was too 
early http://en.wikipedia.org/wiki/Thomas_Finneran so who was it and what 
were the circumstances. The only other legislation in Massachusetts I've 
found regarding noncompetes in Massachusetts are the nurses 
http://www.mass.gov/legis/laws/mgl/112-74d.htm  and the doctors 
http://www.mass.gov/legis/laws/mgl/112-12x.htm and I don't think they give a 
darn about broadcasters <grin>. Except maybe that former nurse who became a 
legislator a few years back and then went on to a radio career. I forget her 
name. I wonder I anybody has the inside scoop on how this got enacted. I'm 
pretty sure that the doctors and nurses got theirs enacted when the 
hospitals tried noncompetes as a union busting measure when the MNA was 
going out on strike a few years ago.

This is Chapter 237 of the Acts and Resolves of 1998. When Massachusetts 
enacts a law it is labeled as a consecutive chapter in the Acts and Resolves 
of that year. That legislation will then amend the General Laws at issue 
like in the example below. (I know you know that Joe, just explaining it for 
our fellow broadcasters. <grin>)

Chapter 237 of the Acts of 1998


AN ACT RELATIVE TO FREEDOM OF EMPLOYMENT IN THE BROADCASTING INDUSTRY.


Be it enacted by the Senate and House of Representatives in General Court 
assembled, and by the authority of the same, as follows:


SECTION 1. Chapter 149 of the General Laws is hereby amended by adding the 
following section:-

Section 186. Any contract or agreement which creates or establishes the 
terms of employment for an employee or individual in the broadcasting 
industry, including, television stations, television networks, radio 
stations, radio networks, or any entities affiliated with the foregoing, and 
which restricts the right of such employee or individual to obtain 
employment in a specified geographic area for a specified period of time 
after termination of employment of the employee by the employer or by 
termination of the employment relationship by mutual agreement of the 
employer and the employee or by termination of the employment relationship 
by the expiration of the contract or agreement, shall be void and 
unenforceable with respect to such provision. Whoever violates the 
provisions of this section shall be liable for reasonable attorneys' fees 
and costs associated with litigation of an affected employee or individual.

SECTION 2. This act shall apply to contracts entered into on or after its 
effective date.

Approved August 7, 1998.



----- Original Message ----- 
From: "A. Joseph Ross" <joe@attorneyross.com>
To: "Robert S Chase" <attychase@comcast.net>
Cc: "bostonRadio Mailing List" 
<boston-radio-interest@rolinin.bostonradio.org>
Sent: Tuesday, January 06, 2009 2:29 AM
Subject: Re: Noncompetes


>
> I don't know, but I wouldn't be surprised if it had something to do
> with it.