There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 14, Chapters 645 - 669
ORS Chapter 657
- 657.005 Short title.
- 657.007 Conflict with state law.
- 657.010 Definitions.
- 657.015 Employee.
- 657.020 Employing unit.
- 657.025 Employer.
- 657.030 Employment generally; educational, hospital, nursing, student service exclusions.
- 657.035 Employment; effect of place of performance of service.
- 657.040 Employment; when service for pay excluded; independent contractors.
- 657.042 [1981 c.895 3; 1983 c.579 1; repealed by 1989 c.762 8 and 1989 c.870 14]
- 657.043 Employment; golf course caddy service excluded; exceptions.
- 657.044 Employment; service by partners and corporate officers and directors who are family members excluded; exceptions.
- 657.045 Employment; agricultural labor excluded; exceptions.
- 657.047 Employment; transportation of logs, poles and piling and lessor of for-hire carriers excluded; exceptions.
- 657.048 Employment; language translators or interpreters excluded; exceptions.
- 657.050 Employment; domestic service, child care service and certain service not in course of employer s trade excluded; exceptions.
- 657.053 Employment; certain service on fishing boat excluded.
- 657.055 [Amended by 1959 c.405 4; repealed by 1961 c.349 3]
- 657.056 Employment; maritime service.
- 657.060 Employment; family service and foster care excluded.
- Note: Section 2, chapter 857, Oregon Laws 1987, provides:
- Sec. 2.
- 657.065 Employment; governmental service excluded; exceptions.
- 657.067 Employment; community work and training programs excluded; work study, work experience and work incentive programs excluded; exceptions.
- 657.070 [Repealed by 1971 c.463 20]
- 657.072 Employment; certain nonprofit services excluded.
- 657.075 Employment; service under Railroad Unemployment Insurance Act excluded.
- 657.078 Employment; stringer, correspondent and photographer services for media excluded.
- 657.080 Employment; news delivery service excluded.
- 657.085 Employment; service by certain agents, brokers, producers and salespersons excluded.
- 657.087 Employment; service by individuals soliciting contracts for home improvements and consumer goods sales excluded.
- 657.088 Employment; certain sports officiating services excluded.
- 657.090 Employment; petroleum products distributors excluded.
- 657.091 Employment; food product demonstrators excluded.
- 657.092 Employment; nonprofit organization employees and contestants excluded.
- 657.093 Employment; certain services provided in exchange for ski passes excluded.
- 657.094 Employment; down-river boating activities excluded.
- 657.095 Payroll.
- 657.097 Political subdivision.
- 657.100 Unemployment; rules.
- 657.105 Wages; generally.
- 657.110 [Repealed by 1973 c.300 15]
- 657.115 Wages; exclusion of fringe benefits.
- 657.117 Wages; inclusion of federal taxes and tips.
- 657.120 Wages; exclusion of retirement benefits.
- 657.125 Wages; exclusion of disability benefits.
- 657.130 Wages; exclusion of payments from certain trusts and annuities.
- 657.135 Wages; exclusion of payments to persons over 65.
- 657.140 Wages; exclusion of assistance to individuals under community work and training program.
- 657.144 Notice to individual of effect of filing claim for benefits.
- 657.145 [1977 c.447 2; repealed by 1983 c.508 14]
- 657.146 Withholding from benefits for tax purposes; rules.
- 657.148 Compliance with federal requirements for collection and payment of federal taxes.
- 657.150 Amount of benefits; length of employment and wages necessary to qualify for benefits; rules.
- 657.152 Adjusting benefits to even dollar amounts.
- 657.155 Benefit eligibility conditions; rules.
- Note: Section 4, chapter 23, Oregon Laws 2008, provides:
- Sec. 4.
- 657.156 Reemployment service assistance; eligibility; rules.
- Note: 657.156 was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 657.157 [1989 c.897 3; repealed by 1995 c.104 2]
- 657.158 Self-employment assistance; eligibility; amounts payable; rules.
- Note: 657.158 was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 657.159 Claimants required to submit job qualifications to Oregon State Employment Service; use of information; referring claimant to available jobs.
- 657.160 [Amended by 1959 c.643 1; 1961 c.209 1; 1965 c.213 1; 1967 c.230 1; 1969 c.75 1; repealed by 1973 c.398 3]
- 657.165 Waiting period eligibility, condition, limitation.
- 657.167 Amount and time period for payment of benefits to educational institution employees.
- 657.170 Extending base year; limitation.
- 657.173 Alternate base year; rules.
- Note: 657.173 was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 657.175 [Repealed by 1955 c.655 8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]
- 657.176 Grounds and procedure for disqualification; exceptions; rules.
- 657.178 [1959 c.643 4; repealed by 1973 c.398 3]
- 657.179 Eligibility of individuals participating in certain federally approved training.
- 657.180 [Repealed by 1955 c.655 8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]
- 657.181 [1955 c.655 10 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185); 1957 c.699 3; repealed by 1959 c.643 5]
- 657.182 [1961 c.207 1; 1971 c.743 404; repealed by 1973 c.398 3]
- 657.184 Benefits payable for service by aliens.
- 657.185 [Repealed by 1955 c.655 8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]
- 657.186 Benefits payable for service by athletes.
- 657.190 Suitable work; factors to consider.
- 657.195 Suitable work; exceptions.
- 657.200 Labor dispute disqualification; exceptions.
- 657.205 Deduction of retirement pay; exceptions.
- 657.210 Disqualification in other jurisdictions.
- 657.213 Ineligibility for benefits upon conviction of fraud in obtaining benefits.
- 657.215 Disqualification for misrepresentation.
- 657.220 [Repealed by 1955 c.655 25]
- 657.221 Ineligibility for benefits of certain educational institution personnel.
- 657 .
- 222 [1983 c.528 8; repealed by 2009 c.11 83]
- 657.225 [Repealed by 1955 c.655 25]
- 657.230 [Repealed by 1955 c.655 25]
- 657.235 [Repealed by 1955 c.655 25]
- 657.240 [Repealed by 1955 c.655 25]
- 657.245 [Repealed by 1955 c.655 25]
- 657.250 [Repealed by 1957 c.699 12]
- 657.255 Method of payment of benefits; payment of benefits due deceased person; rules.
- 657.260 Filing claims for benefits; employer to post statements concerning claim regulations; rules.
- 657.265 Notice of claim filing to employing unit or agent of employing unit.
- 657.266 Initial determination of eligibility and amount of benefits; notice to affected parties; cancellation of determination; determination becomes final when hearing not requested.
- 657.267 Allowing or denying claim; notice of denial; amended decision; appeal.
- 657.268 Filing information on issues not previously decided; claim reexamination; notice of reasons for decision.
- 657.269 Decision final unless hearing requested.
- 657.270 Hearing upon decision; application for review; dismissal of request for hearing.
- 657.273 Restriction on use of findings, orders and judgments in other proceedings.
- Note: 657.273 was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 657.275 Review by Employment Appeals Board.
- 657.280 General procedure and records concerning disputed claims.
- 657.282 Judicial review of decisions under ORS 657.275.
- 657.285 [Amended by 1959 c.583 19; repealed by 1971 c.734 21]
- 657.290 Continuous jurisdiction of director; reconsideration of previous decisions.
- 657.295 Witness fees; disputed claim expenses; counsel; fees.
- 657.300 False statements or failure to report material fact by employer.
- 657.305 [Amended by 1955 c.655 16; repealed by 1971 c.743 432]
- 657.306 Combining decision on claim for benefits with decision on recovery of benefits.
- 657.310 Recovery or deduction of benefits paid because of misrepresentation by recipient; penalty.
- 657.315 Recovery or deduction of benefits paid erroneously.
- 657.317 Waiving recovery of benefits; effect of nonconformity to federal law.
- 657.320 Cancellation of unrecoverable benefits.
- 657.321 Definitions for ORS 657.321 to 657.329.
- 657.323 ORS 657.321 to 657.329 supersede inconsistent provisions of this chapter.
- 657.325 Extended benefits; eligibility; amount.
- 657.326 Adjustment of extended benefits to be received when benefit year ends within extended benefit period.
- 657.327 Notice of effectiveness of extended benefits; employers not to be charged for extended benefits.
- 657.328 Eligibility period adopted by rule.
- Note: 657.328 was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 657.329 Applicability of ORS 657.321 to 657.329.
- 657.330 [1969 c.156 2; 1971 c.82 1; renumbered 657.337 in 1989] (Additional Benefits)
- 657.331 Additional benefits and additional benefit period defined.
- 657.332 Eligibility for benefits; maximum amount.
- 657.333 Charging employer s account for benefits; reimbursing employer payments.
- 657.334 Limitation on period for which benefits paid.
- 657.335 Definitions for ORS 657.335 to 657.360.
- 657.337 [Formerly 657.330; 1991 c.685 5; 1993 c.624 2; 1993 c.765 12; 1995 c.495 1; 1997 c.61 9; 2001 c.684 29; 2001 c.866 1; 2003 c.536 2; 2005 c.174 1; 2009 c.94 24; repealed by 2009 c.115 11]
- 657.340 Eligibility for benefits.
- 657.342 [1991 c.685 12; repealed by 2009 c.115 11]
- 657.345 Approval of programs by director.
- 657.350 Rules for administering training program.
- 657.355 Denial of benefits to trainees subject to review.
- 657.357 Apprenticeship program participants eligible for benefits; conditions.
- 657.360 When employer charged for benefits.
- 657.370 Definitions for ORS 657.370 to 657.390.
- 657.375 Plan applications; approval by director.
- 657.380 Eligibility of employees; benefit limitation.
- 657.385 Method of paying benefits; amount; disqualification; applicability of law to shared work plans; rules.
- 657.390 Reimbursement to Unemployment Compensation Trust Fund of shared work benefits paid; use of benefit charges.
- 657.392 Benefits subject to recovery as lien on real or personal property.
- 657.394 Filing of lien statement or warrant.
- 657.396 Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff.
- 657.398 Release, compromise or satisfaction of lien.
- 657.400 Employment Department Special Fraud Control Fund.
- 657.405 Computation date defined for ORS 657.430 to 657.463 and 657.471 to 657.485.
- 657.410 Minimum wage for employee without fixed wage.
- 657.415 When employer ceases to be subject to this chapter.
- 657.419 [2001 c.185 2; repealed by 2007 c.48 1]
- 657.420 [Repealed by 1981 c.5 3]
- 657.425 Election of coverage for services that do not constitute employment as defined in this chapter.
- 657.430 Tax rates based on experience.
- 657.435 Base rate for first year.
- 657.439 Wage Security Program funding.
- Note: 657.439 was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 657.440 [Repealed by 1957 c.699 12]
- 657.445 [Repealed by 1957 c.699 12]
- 657.450 [Repealed by 1957 c.699 12]
- 657.451 [1955 c.655 20; 1957 c.699 6; 1959 c.606 2; repealed by 1967 c.434 2]
- 657.455 [Amended by 1955 c.655 21; 1959 c.606 3; repealed by 1963 c.302 4]
- 657.457 Penalty when employer fails to file contribution reports and pay contributions when due; notice of failure; waiver; rules.
- 657.458 Definitions for employer tax rate computations.
- 657.459 Computation of Fund Adequacy Percentage Ratio.
- 657.460 [Repealed by 1959 c.606 4]
- 657.461 [1967 c.434 5 (enacted in lieu of 657.464) repealed by 1969 c.157 1 (657.458 and 657.459 enacted in lieu of 657.461)]
- 657.462 Computation of benefit ratio; grouping employers within cumulative taxable payroll percentage limits; assignment of rates.
- 657.463 Tax rate schedules.
- 657.464 [1963 c.302 3; repealed by 1967 c.434 4 (657.461 enacted in lieu of 657.464)]
- 657.465 [Repealed by 1955 c.655 22 (657.466 enacted in lieu of 657.465)]
- 657.466 [1955 c.655 23 (enacted in lieu of 657.465); 1957 c.699 9; renumbered 657.471]
- 657.467 Amounts included in fund adequacy percentage ratio computations.
- 657.468 [1971 c.56 2; repealed by 1975 c.354 4]
- 657.470 [Repealed by 1963 c.302 4]
- 657.471 Manner of charging benefits to employer; request for relief from charges.
- 657.472 [1957 c.699 8(3); repealed by 1963 c.354 1 (657.552, 657.652, 657.679, 657.681 and 657.683 enacted in lieu of 657.472, 657.512, 657.550 and 657.672)]
- 657.473 Statement of benefits charged to employer s account.
- 657.475 Where a number of the same workers are normally employed by several employers; records; contributions; charging benefits.
- 657.477 Related corporations as common paymaster; treatment of compensation for services.
- 657.480 Effect of transfer of trade or business; partial transfer; penalties; rules.
- 657.485 Notice of rate; request for hearing; procedure for redetermination.
- 657.487 Judicial review of decisions under ORS 657.485.
- 657.490 Employer or employee has no prior right to employer s contributions.
- 657.495 Fraud in lowering contributions.
- 657.504 Applicability of noncharging provisions.
- 657.505 Payment of and liability for taxes; rules.
- 657.506 [1965 c.392 2; 1977 c.538 9; 1983 c.545 1; 2001 c.572 13; 2005 c.218 17; repealed by 2009 c.74 1]
- 657.507 Employer s security for payment of contributions.
- 657.508 Failure to comply with ORS 657.507.
- 657.509 Taxes from political subdivisions and people s utility districts; election; effect of canceling election; applicability of noncharging provisions.
- 657.510 Refunds.
- Note: Pursuant to 173.160, Legislative Counsel has not substituted specific ORS references for the words this 1965 Act in 657.510. The sections for which substitution otherwise would be made may be determined by referring to the 1965 Comparative Section Table located in Volume 20 of ORS.
- 657.511 [1973 c.810 5; repealed by 1977 c.538 14]
- 657.512 [1959 c.598 4; repealed by 1963 c.354 1 (657.552, 657.652, 657.679, 657.681 and 657.683 enacted in lieu of 657.472, 657.512, 657.550 and 657.672)]
- 657.513 Political subdivision contribution payments from Local Government Employer Benefit Trust Fund.
- 657.515 Delinquent taxes; interest; civil penalties; collection by civil action; settlement.
- 657.516 Liability of certain officers, members, partners and employees for amounts in default.
- 657.517 Authority of director to compromise or adjust debts or overpayments; determination of uncollectible amounts.
- 657.520 Claims for contribution preferred.
- 657.525 Lien on subjects and products of labor for which contributions are due.
- 657.530 Lien on property used in connection with employment on which contributions are due.
- 657.535 Liens under ORS 657.525 or 657.530; priority; filing statement of lien; foreclosure.
- 657.540 Lien on property of defaulting employer; recording; priority; foreclosure.
- 657.542 Filing liens and warrants with Secretary of State.
- 657.545 Release of ORS 657.540 lien by filing security.
- 657.550 [Amended by 1959 c.598 2; repealed by 1963 c.354 1 (657.552, 657.652, 657.679, 657.681 and 657.683 enacted in lieu of 657.472, 657.512, 657.550 and 657.672)]
- 657.552 Limitations on notices of assessment and on actions to collect contributions, interest and penalties.
- 657.555 Authority to release, compromise or satisfy liens.
- 657.557 Remedies for collection of contributions not exclusive; prevailing party in civil action to recover costs.
- 657.560 Joining director in actions involving title of property subject to director s lien.
- 657.565 Unlawful practices of employer.
- 657.570 [1989 c.901 5; repealed by 1999 c.461 1 (657.571 enacted in lieu of 657.570)]
- 657.571 Quarterly or annual tax report; form; filing with Department of Revenue.
- 657.575 Repayment of default by nonprofit employing unit; conditions.
- 657.601 Employment Department.
- 657.605 [Repealed by 1959 c.583 24]
- 657.606 [1959 c.583 2; repealed by 1969 c.597 281]
- 657.608 Director; term; duties; compensation.
- 657.610 Director; powers and duties generally; rules.
- 657.615 Investigations and recommendations to legislature.
- 657.620 Determination of adequate fund reserve; modification of benefits and eligibility regulations in case of emergency.
- 657.625 Publication of rules, reports and information on Employment Department law.
- 657.630 Quasi-judicial powers in administrative hearings.
- 657.635 Circuit court to enforce obedience to subpoenas.
- 657.640 Attorney General to represent director.
- 657.642 Alternative remedies for collection of taxes, interest and penalties; warrants; execution by sheriff.
- 657.645 [Repealed by 1959 c.583 24]
- 657.646 Use of warrant to collect amount of judgment.
- 657.650 [Amended by 1983 c. 522 8; repealed by 1993 c.344 11]
- 657.652 Certificate as evidence in proceeding.
- 657.655 Certified copies of records as evidence.
- 657.657 Acquisition of land and offices.
- 657.660 Records and reports of employing units.
- 657.662 [1959 c.598 6; 1961 c.252 5; 1967 c.435 8; repealed by 1981 c.77 14 (657.663 enacted in lieu of 657.662)]
- 657.663 Penalty for failure by employer to file reports; amount; collection procedure; review of penalty.
- 657.665 Confidentiality of information.
- 657.670 [Amended by 1981 c.77 16; 2005 c.618 6; repealed by 2007 c.89 2]
- 657.672 [1959 c.405 6; 1961 c.252 6; repealed by 1963 c.354 1 (657.552, 657.652, 657.679, 657.681 and 657.683 enacted in lieu of 657.472, 657.512, 657.550 and 657.672)]
- 657.673 Disclosure of wage information to consumer reporting agency; conditions.
- 657.675 [Amended by 1959 c.376 1; renumbered 657.695]
- 657.676 Reconsideration of determinations; conditions; rules; hearing and review.
- 657.678 [1959 c.376 3; renumbered 657.700]
- 657.679 Determination that employing unit or employment is subject to this chapter; notice; application for hearing.
- 657.680 [Repealed by 1959 c.376 4]
- 657.681 Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing.
- 657.682 Assessments against reorganized business entity.
- Note: 657.682 was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 657.683 Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682; decision of administrative law judge; amendment of decision.
- 657.684 Judicial review of decisions under ORS 657.683.
- 657.685 Employment Appeals Board; confirmation; quorum; meetings; duties; staffing; rules.
- 657.690 Employment Appeals Board powers.
- 657.695 Employment Department Advisory Council; members; compensation and expenses.
- 657.700 Special councils for program development.
- 657.702 Department to encourage volunteering.
- Note: 657.702 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 657 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. OREGON STATE EMPLOYMENT SERVICE
- 657.705 Oregon State Employment Service.
- 657.710 Free public employment offices; contracts relating to workforce investment system; public agencies to provide information on job vacancies.
- 657.715 Wagner-Peyser Act accepted.
- 657.720 Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service.
- 657.725 Employment districts.
- 657.730 Labor market information system; rules.
- 657.732 [Formerly 329.965; 2003 c.238 1; 2003 c.794 313; repealed by 2011 c.31 1]
- 657.734 Performance Reporting Information System; rules.
- 657.736 Occupational Program Planning System.
- 657.755 Cooperation with federal agencies administering unemployment insurance laws.
- 657.757 Cooperation with federal agencies administering training or retraining programs and other assistance.
- 657.760 Reciprocal agreements on coverage and collection of contributions.
- 657.765 Reciprocal agreements concerning payroll taxes for out-of-state work.
- 657.770 Reciprocal agreements concerning wages used as basis for benefits.
- 657.775 Cooperation with other states on reciprocal basis for collection of contributions.
- 657.780 Agreements with governmental agencies to withhold benefits for child support obligations; rules.
- 657.783 Supplemental Employment Department Administration Fund.
- 657.785 Agreement for Interstate Reciprocal Overpayment Recovery Arrangement.
- 657.805 Unemployment Compensation Trust Fund.
- 657.807 Advances, under title XII of Social Security Act, to Unemployment Compensation Trust Fund.
- 657.810 Deposit and use of fund.
- 657.812 Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury.
- 657.813 Use of moneys made available under Social Security Act for administrative expenses.
- Note: 657.813 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 657 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 657.815 Unemployment Compensation Benefit Fund.
- 657.820 Unemployment Compensation Administration Fund.
- 657.822 Employment Department Special Administrative Fund.
- 657.823 Employment Tax Guarantee Fund.
- 657.825 Expenditure of federal funds; restitution of moneys lost or improperly expended.
- 657.830 State Treasurer as custodian of funds.
- 657.835 [1981 c.895 4; repealed by 1995 c.37 10]
- 657.840 Federal Advance Interest Repayment Fund; assessment of tax; applicability.
- 657.845 [1991 c.685 2; 1995 c.37 8; 2005 c.183 11; repealed by 2005 c.183 13] MISCELLANEOUS PROVISIONS
- 657.855 Benefits not assignable; waiver of rights invalid.
- 657.860 Agreement of employee to pay contributions void.
- 657.865 No vested rights.
- 657.870 When operation of this chapter ceases.
- 657.875 Extending period for appeal in certain claim and contribution matters.
- 657.880 Health care coverage for unemployed individuals; deduction of benefits.
- 657.885 Health care coverage defined.
- 657.890 [1989 c.369 2; repealed by 1995 c.105 9]
- 657.895 Unemployment compensation programs under federal authority.
- 657.925 [1995 c.561 12; 1995 c.816 27; 2001 c.657 1; 2001 c.781 1a; repealed by 2009 c.21 56] PENALTIES
- 657.990 Penalties.
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