2017 Oregon Revised Statutes
Volume : 14 - Trade Practices, Labor and Employment
Chapter 657 - Unemployment Insurance

GENERALLY

• Section 657.005 - Short title.
• Section 657.007 - Conflict with state law.

DEFINITIONS

• Section 657.010 - Definitions.
• Section 657.015 - Employee.
• Section 657.020 - Employing unit.
• Section 657.025 - Employer.
• Section 657.030 - Employment generally; educational, hospital, nursing, student service exclusions.
• Section 657.035 - Employment; effect of place of performance of service.
• Section 657.040 - Employment; when service for pay excluded; independent contractors.
• Section 657.042 [1981 c.895 §3; 1983 c.579 §1; repealed by 1989 c.762 §8 and 1989 c.870 §14]
• Section 657.043 - Employment; golf course caddy service excluded; exceptions.
• Section 657.044 - Employment; service by partners and corporate officers and directors who are family members and by certain sole corporate officers and directors excluded; election; exceptions.
• Section 657.045 - Employment; agricultural labor excluded; exceptions.
• Section 657.046 - Employment; operation of taxicab or passenger vehicle for nonemergency medical transportation by owner or lessee of vehicle for entity operated by board of owner-operators; exceptions.
• Section 657.047 - Employment; transportation of logs, poles and piling and lessor of for-hire carriers excluded; exceptions.
• Section 657.048 - Employment; language translators or interpreters excluded; exceptions.
• Section 657.050 - Employment; domestic service, child care service and certain service not in course of employer’s trade excluded; exceptions.
• Section 657.053 - Employment; certain service on fishing boat excluded.
• Section 657.055 [Amended by 1959 c.405 §4; repealed by 1961 c.349 §3]
• Section 657.056 - Employment; maritime service.
• Section 657.060 - Employment; family service and foster care excluded.
• Section 657.065 - Employment; governmental service excluded; exceptions.
• Section 657.067 - Employment; community work and training programs excluded; work study, work experience and work incentive programs excluded; exceptions.
• Section 657.070 [Repealed by 1971 c.463 §20]
• Section 657.072 - Employment; certain nonprofit services excluded.
• Section 657.075 - Employment; service under Railroad Unemployment Insurance Act excluded.
• Section 657.078 - Employment; stringer, correspondent and photographer services for media excluded.
• Section 657.080 - Employment; news delivery service excluded.
• Section 657.085 - Employment; service by certain agents, brokers, producers and salespersons excluded.
• Section 657.087 - Employment; service by individuals soliciting contracts for home improvements and consumer goods sales excluded.
• Section 657.088 - Employment; certain sports officiating services excluded; exceptions.
• Section 657.090 - Employment; petroleum products distributors excluded.
• Section 657.091 - Employment; food product demonstrators excluded.
• Section 657.092 - Employment; nonprofit organization employees and contestants excluded.
• Section 657.093 - Employment; certain services provided in exchange for ski passes excluded.
• Section 657.094 - Employment; down-river boating activities excluded.
• Section 657.095 - Payroll.
• Section 657.097 - Political subdivision.
• Section 657.100 - Unemployment; rules.
• Section 657.105 - Wages; generally.
• Section 657.110 [Repealed by 1973 c.300 §15]
• Section 657.115 - Wages; exclusion of fringe benefits.
• Section 657.117 - Wages; inclusion of federal taxes and tips.
• Section 657.120 - Wages; exclusion of retirement benefits.
• Section 657.125 - Wages; exclusion of disability benefits.
• Section 657.130 - Wages; exclusion of payments from certain trusts and annuities.
• Section 657.135 - Wages; exclusion of payments to persons over 65.
• Section 657.140 - Wages; exclusion of assistance to individuals under community work and training program.

BENEFITS AND CLAIMS

• Section 657.144 - Notice to individual of effect of filing claim for benefits; earned income tax credits.
• Section 657.145 [1977 c.447 §2; repealed by 1983 c.508 §14]
• Section 657.146 - Withholding from benefits for tax purposes; rules.
• Section 657.148 - Compliance with federal requirements for collection and payment of federal taxes.
• Section 657.150 - Amount of benefits; length of employment and wages necessary to qualify for benefits; rules.
• Section 657.152 - Adjusting benefits to even dollar amounts.
• Section 657.155 - Benefit eligibility conditions; rules.
• Section 657.156 - Reemployment service assistance; eligibility; rules.
• Section 657.157 [1989 c.897 §3; repealed by 1995 c.104 §2]
• Section 657.158 - Self-employment assistance; eligibility; amounts payable; rules.
• Section 657.159 - Claimants required to submit job qualifications to Oregon State Employment Service; use of information; referring claimant to available jobs.
• Section 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]
• Section 657.165 - Waiting period eligibility, condition, limitation.
• Section 657.167 - Amount and time period for payment of benefits to educational institution employees.
• Section 657.170 - Extending base year; limitation.
• Section 657.173 - Alternate base year; rules.
• Section 657.175 [Repealed by 1955 c.655 §8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]
• Section 657.176 - Grounds and procedure for disqualification; exceptions; rules.
• Section 657.178 [1959 c.643 §4; repealed by 1973 c.398 §3]
• Section 657.179 - Eligibility of individuals participating in certain federally approved training.
• Section 657.180 [Repealed by 1955 c.655 §8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]
• Section 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]
• Section 657.182 [1961 c.207 §1; 1971 c.743 §404; repealed by 1973 c.398 §3]
• Section 657.184 - Benefits payable for service by aliens.
• Section 657.185 [Repealed by 1955 c.655 §8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]
• Section 657.186 - Benefits payable for service by athletes.
• Section 657.190 - Suitable work; factors to consider.
• Section 657.195 - Suitable work; exceptions.
• Section 657.200 - Labor dispute disqualification; exceptions.
• Section 657.202 - Temporary lockout benefits.
• Section 657.205 - Deduction of retirement pay; exceptions.
• Section 657.210 - Disqualification in other jurisdictions.
• Section 657.213 - Ineligibility for benefits upon conviction of fraud in obtaining benefits.
• Section 657.215 - Disqualification for misrepresentation.
• Section 657.220 [Repealed by 1955 c.655 §25]
• Section 657.221 - Ineligibility for benefits of certain educational institution personnel.
• Section 657.222 [1983 c.528 §8; repealed by 2009 c.11 §83]
• Section 657.225 [Repealed by 1955 c.655 §25]
• Section 657.230 [Repealed by 1955 c.655 §25]
• Section 657.235 [Repealed by 1955 c.655 §25]
• Section 657.240 [Repealed by 1955 c.655 §25]
• Section 657.245 [Repealed by 1955 c.655 §25]
• Section 657.250 [Repealed by 1957 c.699 §12]
• Section 657.255 - Method of payment of benefits; payment of benefits due deceased person; rules.
• Section 657.260 - Filing claims for benefits; employer to post statements concerning claim regulations; rules.
• Section 657.265 - Notice of claim filing to employing unit or agent of employing unit.
• Section 657.266 - Initial determination of eligibility and amount of benefits; notice to affected parties; cancellation of determination; determination becomes final when hearing not requested.
• Section 657.267 - Allowing or denying claim; notice of denial; amended decision; appeal.
• Section 657.268 - Filing information on issues not previously decided; claim reexamination; notice of reasons for decision.
• Section 657.269 - Decision final unless hearing requested.
• Section 657.270 - Hearing upon decision; application for review; dismissal of request for hearing.
• Section 657.273 - Restriction on use of findings, orders and judgments in other proceedings.
• Section 657.275 - Review by Employment Appeals Board.
• Section 657.280 - General procedure and records concerning disputed claims.
• Section 657.282 - Judicial review of decisions under ORS 657.275.
• Section 657.285 [Amended by 1959 c.583 §19; repealed by 1971 c.734 §21]
• Section 657.290 - Continuous jurisdiction of director; reconsideration of previous decisions.
• Section 657.295 - Witness fees; disputed claim expenses; counsel; fees.
• Section 657.300 - False statements or failure to report material fact by employer.
• Section 657.305 [Amended by 1955 c.655 §16; repealed by 1971 c.743 §432]
• Section 657.306 - Combining decision on claim for benefits with decision on recovery of benefits.
• Section 657.310 - Recovery or deduction of benefits paid because of misrepresentation by recipient; penalty.
• Section 657.312 - Offset of moneys owed to debtor by federal and state governments against certain benefit overpayments; fees; rules.
• Section 657.315 - Recovery or deduction of benefits paid erroneously.
• Section 657.317 - Waiving recovery of benefits; effect of nonconformity to federal law.
• Section 657.320 - Cancellation of unrecoverable benefits.
• Section 657.321 - Definitions for ORS 657.321 to 657.329.
• Section 657.323 - ORS 657.321 to 657.329 supersede inconsistent provisions of this chapter.
• Section 657.325 - Extended benefits; eligibility; amount.
• Section 657.326 - Adjustment of extended benefits to be received when benefit year ends within extended benefit period.
• Section 657.327 - Notice of effectiveness of extended benefits; employers not to be charged for extended benefits.
• Section 657.328 - Eligibility period adopted by rule.
• Section 657.329 - Applicability of ORS 657.321 to 657.329.
• Section 657.330
• Section 657.331 - "Additional benefits" and "additional benefit period" defined.
• Section 657.332 - Eligibility for benefits; maximum amount.
• Section 657.333 - Charging employer’s account for benefits; reimbursing employer payments.
• Section 657.334 - Limitation on period for which benefits paid.

DISLOCATED WORKER PROGRAM

• Section 657.335 - Definitions for ORS 657.335 to 657.360.
• Section 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]
• Section 657.340 - Eligibility for benefits.
• Section 657.342 [1991 c.685 §12; repealed by 2009 c.115 §11]
• Section 657.345 - Approval of programs by director.
• Section 657.350 - Rules for administering training program.
• Section 657.355 - Denial of benefits to trainees subject to review.
• Section 657.357 - Apprenticeship program participants eligible for benefits; conditions.
• Section 657.360 - When employer charged for benefits.

SHARED WORK PLANS

• Section 657.370 - Definitions for ORS 657.370 to 657.390.
• Section 657.375 - Plan applications; approval by director.
• Section 657.380 - Eligibility of employees; benefit limitation.
• Section 657.385 - Method of paying benefits; amount; applicability of law to shared work plans; rules.
• Section 657.390 - Employer charged for benefits in same manner as for regular or extended benefits; limitations.

RECOVERY OF BENEFITS OBTAINED BY FRAUD

• Section 657.392 - Benefits subject to recovery as lien on real or personal property.
• Section 657.394 - Filing of lien statement or warrant.
• Section 657.396 - Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff.
• Section 657.398 - Release, compromise or satisfaction of lien.
• Section 657.400 - Employment Department Special Fraud Control Fund.

CONTRIBUTIONS BY EMPLOYERS; COVERAGE; RATE

• Section 657.405 - "Computation date" defined for ORS 657.430 to 657.463 and 657.471 to 657.485.
• Section 657.410 - Minimum wage for employee without fixed wage.
• Section 657.415 - When employer ceases to be subject to this chapter.
• Section 657.419 [2001 c.185 §2; repealed by 2007 c.48 §1]
• Section 657.420 [Repealed by 1981 c.5 §3]
• Section 657.425 - Election of coverage for services that do not constitute employment as defined in this chapter.
• Section 657.430 - Tax rates based on experience.
• Section 657.435 - Base rate for first year.
• Section 657.439 - Wage Security Program funding.
• Section 657.440 [Repealed by 1957 c.699 §12]
• Section 657.445 [Repealed by 1957 c.699 §12]
• Section 657.450 [Repealed by 1957 c.699 §12]
• Section 657.451 [1955 c.655 §20; 1957 c.699 §6; 1959 c.606 §2; repealed by 1967 c.434 §2]
• Section 657.455 [Amended by 1955 c.655 §21; 1959 c.606 §3; repealed by 1963 c.302 §4]
• Section 657.457 - Penalty when employer fails to file contribution reports and pay contributions when due; notice of failure; waiver; rules.
• Section 657.458 - Definitions for employer tax rate computations.
• Section 657.459 - Computation of Fund Adequacy Percentage Ratio.
• Section 657.460 [Repealed by 1959 c.606 §4]
• Section 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)]
• Section 657.462 - Computation of benefit ratio; grouping employers within cumulative taxable payroll percentage limits; assignment of rates.
• Section 657.463 - Tax rate schedules.
• Section 657.464 [1963 c.302 §3; repealed by 1967 c.434 §4 (657.461 enacted in lieu of 657.464)]
• Section 657.465 [Repealed by 1955 c.655 §22 (657.466 enacted in lieu of 657.465)]
• Section 657.466
• Section 657.467 - Amounts included in fund adequacy percentage ratio computations.
• Section 657.468 [1971 c.56 §2; repealed by 1975 c.354 §4]
• Section 657.470 [Repealed by 1963 c.302 §4]
• Section 657.471 - Manner of charging benefits to employer; request for relief from charges.
• Section 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)]
• Section 657.473 - Statement of benefits charged to employer’s account.
• Section 657.475 - Where a number of the same workers are normally employed by several employers; records; contributions; charging benefits.
• Section 657.477 - Related corporations as common paymaster; treatment of compensation for services.
• Section 657.480 - Effect of transfer of trade or business; partial transfer; penalties; rules.
• Section 657.485 - Notice of rate; request for hearing; procedure for redetermination.
• Section 657.487 - Judicial review of decisions under ORS 657.485.
• Section 657.490 - Employer or employee has no prior right to employer’s contributions.
• Section 657.495 - Fraud in lowering contributions.

COLLECTION OF TAXES

• Section 657.504 - Applicability of noncharging provisions.
• Section 657.505 - Payment of and liability for taxes; rules.
• Section 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]
• Section 657.507 - Employer’s security for payment of contributions.
• Section 657.508 - Failure to comply with ORS 657.507.
• Section 657.509 - Taxes from political subdivisions and people’s utility districts; election; effect of canceling election; applicability of noncharging provisions.
• Section 657.510 - Refunds.
• Section 657.511 [1973 c.810 §5; repealed by 1977 c.538 §14]
• Section 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)]
• Section 657.513 - Political subdivision contribution payments from Local Government Employer Benefit Trust Fund.
• Section 657.515 - Delinquent taxes; interest; civil penalties; collection by civil action; settlement.
• Section 657.516 - Liability of certain officers, members, partners and employees for amounts in default.
• Section 657.517 - Authority of director to compromise or adjust debts or overpayments; determination of uncollectible amounts.
• Section 657.520 - Claims for contribution preferred.
• Section 657.525 - Lien on subjects and products of labor for which contributions are due.
• Section 657.530 - Lien on property used in connection with employment on which contributions are due.
• Section 657.535 - Liens under ORS 657.525 or 657.530; priority; filing statement of lien; foreclosure.
• Section 657.540 - Lien on property of defaulting employer; recording; priority; foreclosure.
• Section 657.542 - Filing liens and warrants with Secretary of State.
• Section 657.545 - Release of ORS 657.540 lien by filing security.
• Section 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)]
• Section 657.552 - Limitations on notices of assessment and on actions to collect contributions, interest and penalties.
• Section 657.555 - Authority to release, compromise or satisfy liens.
• Section 657.557 - Remedies for collection of contributions not exclusive; prevailing party in civil action to recover costs.
• Section 657.560 - Joining director in actions involving title of property subject to director’s lien.
• Section 657.565 - Unlawful practices of employer.
• Section 657.570 [1989 c.901 §5; repealed by 1999 c.461 §1 (657.571 enacted in lieu of 657.570)]
• Section 657.571 - Quarterly or annual tax report; form; filing with Department of Revenue.
• Section 657.575 - Repayment of default by nonprofit employing unit; conditions.

EMPLOYMENT DEPARTMENT; ADMINISTRATION GENERALLY

• Section 657.601 - Employment Department.
• Section 657.605 [Repealed by 1959 c.583 §24]
• Section 657.606 [1959 c.583 §2; repealed by 1969 c.597 §281]
• Section 657.608 - Director; term; duties; compensation.
• Section 657.610 - Director; powers and duties generally; rules.
• Section 657.615 - Investigations and recommendations to legislature.
• Section 657.620 - Determination of adequate fund reserve; modification of benefits and eligibility regulations in case of emergency.
• Section 657.625 - Publication of rules, reports and information on Employment Department law.
• Section 657.630 - Quasi-judicial powers in administrative hearings.
• Section 657.635 - Circuit court to enforce obedience to subpoenas.
• Section 657.640 - Attorney General to represent director.
• Section 657.642 - Alternative remedies for collection of taxes, interest and penalties; warrants; execution by sheriff.
• Section 657.645 [Repealed by 1959 c.583 §24]
• Section 657.646 - Use of warrant to collect amount of judgment.
• Section 657.650 [Amended by 1983 c. 522 §8; repealed by 1993 c.344 §11]
• Section 657.652 - Certificate as evidence in proceeding.
• Section 657.655 - Certified copies of records as evidence.
• Section 657.657 - Acquisition of land and offices.
• Section 657.660 - Records and reports of employing units.
• Section 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)]
• Section 657.663 - Penalty for failure by employer to file reports; amount; collection procedure; review of penalty.
• Section 657.665 - Confidentiality of information.
• Section 657.670 [Amended by 1981 c.77 §16; 2005 c.618 §6; repealed by 2007 c.89 §2]
• Section 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)]
• Section 657.673 - Disclosure of wage information to consumer reporting agency; conditions.
• Section 657.675
• Section 657.676 - Reconsideration of determinations; conditions; rules; hearing and review.
• Section 657.678
• Section 657.679 - Determination that employing unit or employment is subject to this chapter; notice; application for hearing.
• Section 657.680 [Repealed by 1959 c.376 §4]
• Section 657.681 - Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing.
• Section 657.682 - Assessments against reorganized business entity.
• Section 657.683 - Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682; decision of administrative law judge; amendment of decision.
• Section 657.684 - Judicial review of decisions under ORS 657.683.
• Section 657.685 - Employment Appeals Board; confirmation; quorum; meetings; duties; staffing; rules.
• Section 657.690 - Employment Appeals Board powers.
• Section 657.695 - Employment Department Advisory Council; members; compensation and expenses.
• Section 657.700 - Special councils for program development.
• Section 657.702 - Department to encourage volunteering.

OREGON STATE EMPLOYMENT SERVICE

• Section 657.705 - Oregon State Employment Service.
• Section 657.710 - Free public employment offices; contracts relating to workforce development system; public agencies to provide information on job vacancies.
• Section 657.715 - Wagner-Peyser Act accepted.
• Section 657.720 - Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service.
• Section 657.725 - Employment districts.

INFORMATION SYSTEMS

• Section 657.730 - Workforce and labor market information system; rules.
• Section 657.732 [Formerly 329.965; 2003 c.238 §1; 2003 c.794 §313; repealed by 2011 c.31 §1]
• Section 657.734 - Performance Reporting Information System; rules.
• Section 657.736 [Formerly 329.955; repealed by 2017 c.307 §6]

FOREST MAINTENANCE ACTIVITY

• Section 657.747 - Department to inform employer and United States Department of Labor of employer’s noncompliance with certain federal requirements regarding federal forest maintenance activity.
• Section 657.749 - Department actions when certain forest maintenance activity jobs listed.

RECIPROCAL AND COOPERATION AGREEMENTS

• Section 657.755 - Cooperation with federal agencies administering unemployment insurance laws.
• Section 657.757 - Cooperation with federal agencies administering training or retraining programs and other assistance.
• Section 657.760 - Reciprocal agreements on coverage and collection of contributions.
• Section 657.765 - Reciprocal agreements concerning payroll taxes for out-of-state work.
• Section 657.770 - Reciprocal agreements concerning wages used as basis for benefits.
• Section 657.775 - Cooperation with other states on reciprocal basis for collection of contributions.
• Section 657.780 - Agreements with governmental agencies to withhold benefits for child support obligations; rules.

FUNDS

• Section 657.783 - Supplemental Employment Department Administration Fund.
• Section 657.785 - Agreement for Interstate Reciprocal Overpayment Recovery Arrangement.
• Section 657.805 - Unemployment Compensation Trust Fund.
• Section 657.807 - Advances, under title XII of Social Security Act, to Unemployment Compensation Trust Fund.
• Section 657.810 - Deposit and use of fund.
• Section 657.812 - Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury.
• Section 657.813 - Use of moneys made available under Social Security Act for administrative expenses.
• Section 657.815 - Unemployment Compensation Benefit Fund.
• Section 657.820 - Unemployment Compensation Administration Fund.
• Section 657.822 - Employment Department Special Administrative Fund.
• Section 657.823 - Employment Tax Guarantee Fund.
• Section 657.825 - Expenditure of federal funds; restitution of moneys lost or improperly expended.
• Section 657.830 - State Treasurer as custodian of funds.
• Section 657.835 [1981 c.895 §4; repealed by 1995 c.37 §10]
• Section 657.840 - Federal Advance Interest Repayment Fund; assessment of tax; applicability.
• Section 657.845 [1991 c.685 §2; 1995 c.37 §8; 2005 c.183 §11; repealed by 2005 c.183 §13]

MISCELLANEOUS PROVISIONS

• Section 657.855 - Benefits not assignable; waiver of rights invalid.
• Section 657.860 - Agreement of employee to pay contributions void.
• Section 657.865 - No vested rights.
• Section 657.870 - When operation of this chapter ceases.
• Section 657.875 - Extending period for appeal in certain claim and contribution matters.
• Section 657.880 - Health care coverage for unemployed individuals; deduction of benefits.
• Section 657.885 - "Health care coverage" defined.
• Section 657.890 [1989 c.369 §2; repealed by 1995 c.105 §9]
• Section 657.895 - Unemployment compensation programs under federal authority.
• Section 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

• Section 657.990 - Penalties.