Hawaii Revised Statutes 393-6 – Principal and secondary employer defined; coercion, interference, etc. prohibited
Terms Used In Hawaii Revised Statutes 393-6
- Employer: means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, a debtor in possession or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who has one or more regular employees in the employer's employment. See Hawaii Revised Statutes 393-3
- Employment: means service, including service in interstate commerce, performed for wages under any contract of hire, written or oral, expressed or implied, with an employer, except as otherwise provided in §§ 393-4 and 393-5. See Hawaii Revised Statutes 393-3
- Regular employee: means a person employed in the employment of any one employer for at least twenty hours per week but does not include a person employed in seasonal employment. See Hawaii Revised Statutes 393-3
- Wages: means all remuneration for services from whatever source, including commissions, bonuses, and tips and gratuities paid directly to any individual by a customer of the individual's employer, and the cash value of all remuneration in any medium other than cash. See Hawaii Revised Statutes 393-3
If an individual is concurrently a regular employee of two or more employers as defined in this chapter, the principal employer shall be the employer who pays the individual the most wages; provided that if one of the employers, who does not pay the most wages, employs the regular employee for at least thirty-five hours per week, the employee shall determine which of the employers shall be the employee’s principal employer. The employee’s other employers are secondary employers. An employer so designated as the principal employer shall remain as such principal employer for one year or until change of employment, whichever is earlier.
If an individual is concurrently a regular employee of a public entity which is not an employer as defined in § 393-3 and of an employer as defined in § 393-3 the latter shall be deemed to be a secondary employer.
An employer who, directly or indirectly, interferes with or coerces or attempts to coerce an employee in making a determination under this section shall be subject to the penalty provided under subsection 393-33(b).