SB 142 — An Act prohibiting enforcement of covenants not to compete in broadcast employment agreements.

PRINTER'S NO.    87

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       SENATE BILL
                       No. 142
                                               Session of
                                                 2025

     INTRODUCED BY BARTOLOTTA, COSTA, KEARNEY, KANE AND TARTAGLIONE,
        JANUARY 22, 2025

     REFERRED TO LABOR AND INDUSTRY, JANUARY 22, 2025


                                     AN ACT
 1   Prohibiting enforcement of covenants not to compete in broadcast
 2      employment agreements.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Broadcast
 7   Freemarket Agreement Act.
 8   Section 2.   Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Broadcast employee."    An individual who provides services
13   under an agreement with an employer.
14      "Covenant not to compete."    An agreement between an employer
15   and a broadcast employee that is designed to impede the ability
16   of the broadcast employee to compete with the employer when a
17   separating event occurs.
18      "Employer."   A person that engages in the transmission of
 1   radio or television programming and employs individuals under an
 2   agreement to perform service relating to the transmission. The
 3   term includes a television station or network, radio station,
 4   cable station or network, Internet or satellite-based service,
 5   new media, interactive media or any method that transmits or
 6   otherwise offers news, weather, traffic, sports or entertainment
 7   reports or programming.
 8      "Separating event."      A broadcast employee's voluntary or
 9   involuntary discontinuance of employment with an employer.
10   Section 3.   Prohibition.
11      A covenant not to compete is deemed contrary to public policy
12   and is void and unenforceable to the extent the covenant not to
13   compete restricts:
14          (1)   Movement of a broadcast employee to a new employer.
15          (2)   A broadcast employee from performing services to an
16      employer within a geographic area.
17   Section 4.   Nonwaiver.
18      A purported waiver of the prohibition in section 3 of this
19   act shall be void and unenforceable.
20   Section 5.   Construction.
21      Nothing in this act shall be construed to:
22          (1)   Limit the period of time for which a party may agree
23      to maintain information as confidential or as a trade secret.
24          (2)   Limit the geographic area within which the
25      information must be kept confidential or as a trade secret.
26   Section 6.   Effective date.
27      This act shall take effect in 60 days.




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