§393-6 - Principal and secondary employer defined; coercion, interference, etc.
§393-6 Principal and secondary employerdefined; coercion, interference, etc. prohibited. If an individual isconcurrently a regular employee of two or more employers as defined in thischapter, the principal employer shall be the employer who pays the individualthe most wages; provided that if one of the employers, who does not pay themost wages, employs the regular employee for at least thirty-five hours perweek, the employee shall determine which of the employers shall be theemployee's principal employer. The employee's other employers are secondaryemployers. An employer so designated as the principal employer shall remain assuch principal employer for one year or until change of employment, whicheveris earlier.
If an individual is concurrently a regularemployee of a public entity which is not an employer as defined in section393-3 and of an employer as defined in section 393-3 the latter shall be deemedto be a secondary employer.
An employer who, directly or indirectly,interferes with or coerces or attempts to coerce an employee in making adetermination under this section shall be subject to the penalty provided undersubsection 393-33(b). [L 1974, c 210, pt of §1; am L 1975, c 51, §1; gen ch1985]