BILL REQ. #:  S-4126.1 

Read first time 01/26/12.   Referred to Committee on Labor, Commerce & Consumer Protection.

     AN ACT Relating to noncompetition agreements for broadcasting industry employees; and amending RCW 49.44.190.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 49.44.190 and 2005 c 176 s 1 are each amended to read as follows:
     (1) ((If an employee subject to)) An employee noncompetition agreement is void and unenforceable:
     (a) When the employee subject to the noncompetition agreement is terminated without just cause or laid off by action of the employer((, the noncompetition agreement is void and unenforceable)); or
     (b) Beyond the expiration of the employment contract containing the noncompetition agreement when the employment relationship terminates due to the expiration of the employment contract.
     (2) Nothing in this section restricts the right of an employer to protect trade secrets or other proprietary information by lawful means in equity or under applicable law.
     (3) Nothing in this section has the effect of terminating, or in any way modifying, any rights or liabilities resulting from an employee noncompetition agreement that was entered into before December 31, 2005.
     (4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Employee" means an employee of a broadcasting industry employer other than a sales or management employee.
     (b) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations.
     (c) "Employee noncompetition agreement" means an agreement, written or oral, express or implied, between an employer and employee under which the employee agrees not to compete, either alone or as an employee of another, with the employer in providing services after termination of employment.
     (d) "Broadcasting industry" means employers that distribute or transmit electronic signals to the public at large using television (VHF or UHF), radio (AM, FM, or satellite), or cable television technologies, or which prepare, develop, or create programs or messages to be transmitted by electronic signal using television, radio, or cable technology.