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TheBuzz Erika Engle |
Former broadcasters
seek industry exemption
from noncompetesTWO state legislators with broadcast backgrounds are proposing a ban on noncompete clauses within the industry.
House Bill 1769 and Senate Bill 3120 seek to eliminate contract language that hampers a broadcast employee's ability to seek work elsewhere during the final six months of a contract.
State Rep. Glenn Wakai and Sen. Bob Hogue have authored bills to prohibit broadcast employers from including "in any employment contract with a current or prospective broadcast employee, a provision that is a prospective employment access restriction."
The bill applies only to broadcasters because, "I thought there are some industries, like high-tech, (where employees have) insight into management strategies. When you have intellectual property you certainly don't want that going to a crosstown rival," Wakai said.
Conversely, journalists have equal access to public officials.
"I understand where management comes from: They spend time promoting a reporter and have a vested interest in seeing that he or she stays with them, but my rationale is that toward the end of a contract ... if you're not allowed to market yourself and explore options, you're at a huge disadvantage," Wakai said.
"The TV station can fire you at any time. It's the reporter that's locked into staying, so the burden is always on the reporter. Management is always in the driver's seat."
His seven years as a reporter for KHON and KHNL are fuel for the fire behind the bill, he said. Hogue spent several years as sports director and anchor at KHON.
Wakai doesn't believe prospective employees should have to go to the expense of hiring an attorney to negotiate more favorable terms.
KITV President and General Manager Mike Rosenberg expressed hope that both sides can "maybe put the bill in some form that is more fair to broadcasters."
The legislation is on the agenda for this month's Hawaii Association of Broadcasters board meeting, according to President Mark Haworth.
"I do wonder why broadcasters get to be a special class of citizen ... in California they addressed this issue by outlawing all noncompetes," Haworth said.
Attorney Jeffrey Portnoy has negotiated more than 20 employment contracts for employers and employees. "To me, it's just a bad concept for a state that's trying to encourage private business, to get itself involved in what you can or can't do in private industry."
He sees room for improvement by some employers.
"Maybe some more thought ought to be put into who should or should not be subject to these restrictions."
A high-profile news personality has the leverage to say 'no' to such a provision. "On the other hand, I don't disagree that there are a lot of younger, less-important newspeople that ... don't have the ability to negotiate away that provision without losing their jobs."
Employees can negotiate higher compensation in exchange for such restrictions and exclusivity, he said.
"It comes down to this, who needs who more? That's the big legal secret."
Sometimes it's not about jumping ship. KHON-TV reporter Bernadette Baraquio had a three-year contract with a six-month noncompete clause that would prevent her from working in news elsewhere in local TV.
Having taken maternity leave last year, "I was in tears almost every night leading up to January," and her return to the beat, she said. She didn't want to go back to a 14-hour work day, leaving two young children in day care. Her heart's desire was to be a stay-at-home mom, working only part-time to generate some income.
Rick Blangiardi, senior vice president and general manager of KHON, let her out of her contract with the understanding she would not work in news.
Baraquio remains on good terms with KHON, which has already hired her for a freelance assignment. A part-time job at Oceanic lets her work from home.
"It's a weekly show, so I can write when the kids are sleeping," but she hasn't done much of that with a teething baby in the house, she laughed.
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Erika Engle is a reporter with the Star-Bulletin. Call 529-4302, fax 529-4750 or write to Erika Engle, Honolulu Star-Bulletin, 500 Ala Moana Blvd., No. 7-210, Honolulu, HI 96813. She can also be reached at: eengle@starbulletin.com