Oregon Statutes - Chapter 657 - Unemployment Insurance

657.005 Short title.
This chapter shall be known and may be cited as the Employment Department Law. [Amended by 1959 c.583 §14; 1993 c.344 §2]
657.010 General definitions.
As used in this chapter, unless the context requires otherwise: (1) �Base year� means the first four of the last five completed calendar quarters preceding...
657.015 Employee.
As used in this chapter, unless the context requires otherwise, �employee� means any person, including aliens and minors, employed for remuneration or under any contract...
657.020 Employing unit.
(1) As used in this chapter, unless the context requires otherwise, �employing unit� means: (a) Any individual or type of organization, including any partnership, association,...
657.025 Employer.
(1) As used in this chapter, unless the context requires otherwise, �employer� means any employing unit which employs one or more individuals in an employment...
657.030 Employment generally; educational, hospital, nursing, student service exclusions.
(1) As used in this chapter, unless the context requires otherwise, and subject to ORS 657.035, 657.040 and 657.045 to 657.094, or any other section...
657.035 Employment; effect of place of performance of service.
(1) The term �employment� includes an individual�s entire service, performed within, or both within and without, this state if: (a) The service is localized in...
657.040 Employment; when service for pay excluded; independent contractors.
(1) Services performed by an individual for remuneration are deemed to be employment subject to this chapter unless and until it is shown to the...
657.042 [1981 c.895 §3; 1983 c.579 §1; repealed by 1989 c.762 §8 and 1989 c.870 §14]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.
�Employment� does not include service performed by a person as a caddy at a golf course in an established program for the training and supervision...
657.044 Employment; service by partners and corporate officers and directors who are family members excluded; exceptions.
(1) As used in this chapter, �employment� does not include service performed for: (a) A corporation by corporate officers who are directors of the corporation,...
657.045 Employment; agricultural labor excluded; exceptions.
(1) �Employment� does not include agricultural labor unless such labor is performed after December 31, 1977, for an employing unit who: (a) During any calendar...
657.047 Employment; transportation of logs, poles and piling and lessor of for-hire carriers excluded; exceptions.
(1) As used in this chapter, �employment� does not include: (a) Transportation by motor vehicle of logs, poles and piling by any person who both...
657.048 Employment; language translators or interpreters excluded; exceptions.
(1) �Employment� does not include services performed by language translators or interpreters that are provided for others through an agent or broker. (2) The provisions...
657.050 Employment; domestic service, child care service and certain service not in course of employer�s trade excluded; exceptions.
(1) As used in this chapter, �employment� does not include: (a) Domestic service performed in a private home, local college club or local chapter of...
657.053 Employment; certain service on fishing boat excluded.
(1) As used in this section: (a) �Fish� includes fish or other forms of aquatic animal life. (b) �Boat� includes one or, in the case...
657.055 [Amended by 1959 c.405 §4; repealed by 1961 c.349 §3]
657.056 Employment; maritime service.
(1) �Employment� includes an individual�s entire service as an officer or member of a crew of an American vessel wherever performed and whether in intrastate...
657.060 Employment; family service and foster care excluded.
(1) �Employment� does not include service performed by a person in the employ of a son, daughter, or spouse, and service performed by a child...
657.065 Employment; governmental service excluded; exceptions.
(1) �Employment� does not include service performed in the employ of the United States Government or any instrumentality of the United States, except that if...
657.067 Employment; community work and training programs excluded; work study, work experience and work incentive programs excluded; exceptions.
(1) As used in this chapter, �employment� does not include service performed or participation by applicants, recipients, beneficiaries, participants, trainees or volunteers: (a) In a...
657.070 [Repealed by 1971 c.463 §20]
657.072 Employment; certain nonprofit services excluded.
�Employment� does not include service performed for a nonprofit employing unit by an individual receiving rehabilitation or remunerative work in a facility conducted for the...
657.075 Employment; service under Railroad Unemployment Insurance Act excluded.
�Employment� does not include service performed under the Railroad Unemployment Insurance Act (52 Stat. 1094).
657.078 Employment; stringer, correspondent and photographer services for media excluded.
�Employment� does not include services performed by an individual as a stringer, correspondent or photographer, for print or broadcast media, who submits information, stories or...
657.080 Employment; news delivery service excluded.
�Employment� does not include service performed by an individual: (1) In the delivery or distribution of newspapers or shopping news, not including delivery or distribution...
657.085 Employment; service by certain agents, brokers, producers and salespersons excluded.
�Employment� does not include service performed by any person as a newspaper advertising salesperson, real estate broker, principal real estate broker, insurance producer or securities...
657.087 Employment; service by individuals soliciting contracts for home improvements and consumer goods sales excluded.
�Employment� does not include service performed: (1) By individuals soliciting contracts for home improvements including roofing, siding and alterations of private homes to the extent...
657.090 Employment; petroleum products distributors excluded.
�Employment� does not include service performed by an individual or partnership in the wholesale distribution of petroleum products whose remuneration for such service primarily consists...
657.091 Employment; food product demonstrators excluded.
�Employment� does not include service performed by individuals who, on a temporary, part-time basis, demonstrate or give away samples of food products, as part of...
657.092 Employment; nonprofit organization employees and contestants excluded.
(1) �Employment� does not include service performed by an individual as a director, designer, performer, musician, technical crew member, house or business person, contestant, beauty...
657.094 Employment; down-river boating activities excluded.
�Employment� does not include service performed by an individual in connection with the transportation of the public for recreational down-river boating activities on the waters...
657.095 Payroll.
(1) As used in this chapter, unless the context requires otherwise, �payroll� means all wages paid to employees in any employment subject to this chapter....
657.097 Political subdivision.
As used in this chapter, �political subdivision� means any county, city, district organized for public purposes, or any other political subdivision or public corporation, including...
657.100 Unemployment; rules.
(1) An individual is deemed �unemployed� in any week during which the individual performs no services and with respect to which no remuneration for services...
657.105 Wages; generally.
(1) As used in this chapter, unless the context requires otherwise, and subject to ORS 657.115 to 657.140, �wages� means all remuneration for employment, including...
657.110 [Repealed by 1973 c.300 §15]
657.115 Wages; exclusion of fringe benefits.
(1) �Wages� does not include the amount of any payment made to, or on behalf of, an individual or any of the individual�s dependents on...
657.117 Wages; inclusion of federal taxes and tips.
�Wages� as used in ORS 657.105 includes: (1) The amount of any tax imposed upon an employee and paid by an employer pursuant to sections...
657.120 Wages; exclusion of retirement benefits.
�Wages� does not include the amount of any payment made by an employing unit on behalf of an individual performing service for it for insurance...
657.125 Wages; exclusion of disability benefits.
�Wages� does not include the amount of any payment made on account of sickness or accident disability, or medical or hospitalization expenses in connection with...
657.130 Wages; exclusion of payments from certain trusts and annuities.
�Wages� does not include the amount of any payment made by an employing unit to, or on behalf of, an individual performing service for it,...
657.135 Wages; exclusion of payments to persons over 65.
�Wages� does not include the amount of any payment, other than vacation or sick pay, made to an individual after the month in which the...
657.140 Wages; exclusion of assistance to individuals under community work and training program.
As used in this chapter, �wages� or �remuneration� does not include the amount or value of public assistance provided in cash or in kind in...
657.144 Notice to individual of effect of filing claim for benefits.
An individual filing a new claim for benefits under this chapter shall, at the time the claim is filed with the Employment Department, be advised...
657.145 [1977 c.447 §2; repealed by 1983 c.508 §14]
657.146 Withholding from benefits for tax purposes; rules.
(1) A claimant may elect to have an amount withheld from benefits otherwise payable to the claimant. (2) An election made under this section shall...
657.148 Compliance with federal requirements for collection and payment of federal taxes.
For purposes of ORS 657.144 and 657.146, the Employment Department shall follow the procedures and regulations adopted by the United States Department of Labor and...
657.150 Amount of benefits; length of employment and wages necessary to qualify for benefits; rules.
(1) An individual shall be paid benefits for weeks during the benefit year in an amount which is to be determined by taking into account...
657.152 Adjusting benefits to even dollar amounts.
Notwithstanding any other provision of this chapter to the contrary, any amount of unemployment compensation payable to any individual for any week if not an...
657.155 Benefit eligibility conditions; rules.
(1) An unemployed individual shall be eligible to receive benefits with respect to any week only if the Director of the Employment Department finds that:...
657.156 Reemployment service assistance; eligibility; rules.
(1) The Employment Department shall: (a) Identify eligible individuals who are likely to exhaust benefits payable under ORS 657.150 and who will need reemployment service...
657.157 [1989 c.897 §3; repealed by 1995 c.104 §2]
657.158 Self-employment assistance; eligibility; amounts payable; rules.
(1) As used in this section: (a) �Regular benefits� means benefits payable to an individual under this chapter, including benefits payable to federal civilian employees...
657.159 Claimants required to submit job qualifications to Oregon State Employment Service; use of information; referring claimant to available jobs.
(1) To satisfy the registration requirements of ORS 657.155 (1), an unemployed individual who submits a claim for benefits, at the request of the Director...
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.
No week shall be counted as a week of unemployment for the purposes of ORS 657.155 (1)(d): (1) Unless it occurs within the benefit year...
657.167 Amount and time period for payment of benefits to educational institution employees.
(1) Benefits based on service in an instructional, research or principal administrative capacity for an educational institution or institution of higher education shall be payable...
657.170 Extending base year; limitation.
(1) If the Director of the Employment Department finds that during the base year of the individual any individual has been incapable of work during...
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; rules.
(1) An authorized representative designated by the Director of the Employment Department shall promptly examine each claim to determine whether an individual is subject to...
657.178 [1959 c.643 §4; repealed by 1973 c.398 §3]
657.179 Eligibility of individuals participating in certain federally approved training.
(1) Notwithstanding provisions of this chapter relating to being available for work, actively seeking work or refusing to accept work, an unemployed individual otherwise eligible...
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.
Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted to...
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.
Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic...
657.190 Suitable work; factors to consider.
(1) In determining whether any work is suitable for an individual, the Director of the Employment Department shall consider, among other factors, the degree of...
657.195 Suitable work; exceptions.
(1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise...
657.200 Labor dispute disqualification; exceptions.
(1) An individual is disqualified for benefits for any week with respect to which the Director of the Employment Department finds that the unemployment of...
657.205 Deduction of retirement pay; exceptions.
(1) Subject to the provisions of subsections (2) to (5) of this section, an individual is disqualified for benefits for any week with respect to...
657.210 Disqualification in other jurisdictions.
An individual is disqualified for benefits for any week with respect to which or a part of which the individual has received, will receive or...
657.213 Ineligibility for benefits upon conviction of fraud in obtaining benefits.
(1) Upon conviction of any person by a court of competent jurisdiction of willfully making a false statement or misrepresentation, or willfully failing to report...
657.215 Disqualification for misrepresentation.
An individual is disqualified for benefits for a period not to exceed 52 weeks whenever the Director of the Employment Department finds that the individual...
657.220 [Repealed by 1955 c.655 §25]
657.221 Ineligibility for benefits of certain educational institution personnel.
(1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution or institution of higher education...
657.222 Notice to educational institution personnel of change in law on benefit eligibility.
The Employment Department shall give notice of the potential impact of the amendments to ORS 657.221 (1) made by section 3, chapter 528, Oregon Laws...
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.
(1) Benefits shall be payable from the fund and shall be paid through employment offices, in accordance with such regulations as the Director of the...
657.260 Filing claims for benefits; employer to post statements concerning claim regulations; rules.
(1) Claims for benefits shall be filed in accordance with such regulations as the Director of the Employment Department may prescribe. (2) Each employer shall...
657.265 Notice of claim filing to employing units.
When a claimant files an initial claim or an additional claim, the Employment Department promptly shall give written notice of the claim filing to the...
657.266 Initial determination of eligibility and amount of benefits; notice to affected parties; cancellation of determination; determination becomes final when hearing not requested.
(1) An authorized representative shall promptly examine each new claim for benefits and, on the basis of information available, determine the total amount of wages...
657.267 Allowing or denying claim; notice of denial; amended decision; appeal.
(1) An authorized representative shall promptly examine each claim for waiting week credit or for benefits and, on the basis of the facts available, make...
657.268 Filing information on issues not previously decided; claim reexamination; notice of reasons for decision.
When a base-year employer files information in writing with the Director of the Employment Department within 10 days of its knowledge of an occurrence raising...
657.269 Decision becomes final without request for hearing.
Unless the claimant or one of the employing units entitled to notice under ORS 657.267 or 657.268 within 20 days after delivery of such notice...
657.270 Hearing; application for review; dismissal of request for hearing.
(1) When a request for hearing upon the claim has been filed, as provided in ORS 657.266 to 657.269, an administrative law judge from the...
657.273 Restriction on use of findings, orders and judgments in other proceedings.
Notwithstanding ORS 43.130 and 43.160, the decisions, findings, conclusions, final orders and judgments that arise out of hearings under ORS 657.270, review proceedings under ORS...
657.275 Review by Employment Appeals Board.
(1) If the Director of the Employment Department or any interested party files with the Employment Appeals Board a timely application for review, the board...
657.280 General procedure and records concerning disputed claims.
(1) The manner in which disputed claims shall be presented and the reports thereon required from the claimant and from the employers shall be in...
657.282 Judicial review of decisions under ORS 657.275.
Judicial review of decisions under ORS 657.275 shall be as provided for review of orders in contested cases in ORS chapter 183, except that the...
657.285 [Amended by 1959 c.583 §19; repealed by 1971 c.734 §21]
657.290 Continuous jurisdiction of director; reconsideration of previous decisions.
(1) The Director of the Employment Department, upon motion of the director or upon application of any party to a claim for benefits, may at...
657.295 Witness fees; disputed claim expenses; counsel; fees.
(1) Witnesses other than parties subpoenaed pursuant to ORS 657.265, 657.266 to 657.269, 657.270 to 657.280 or 657.290 shall be allowed fees at a rate...
657.300 False statements or failure to report material fact by employer.
No employer or employer�s agent shall intentionally and willfully make or cause to be made false statements or willfully fail to report a material fact...
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.
The Director of the Employment Department or an authorized representative designated by the director may combine a decision under ORS 657.266, 657.267 or 657.268 with...
657.310 Recovery or deduction of benefits paid because of misrepresentation by recipient; penalty.
(1) If the Director of the Employment Department decides that an individual received any benefits under this chapter to which the individual is not entitled...
657.315 Recovery or deduction of benefits paid erroneously.
(1) If the Director of the Employment Department decides that an individual has been paid benefits to which the individual is not entitled because of...
657.317 Waiving recovery of benefits; effect of finding of noncompliance with federal law.
(1) The Director of the Employment Department shall waive recovery of benefits under ORS 657.315 if the director finds that the benefits are recoverable due...
657.320 Cancellation of unrecoverable benefits.
(1) If any amount paid to an individual as benefits, for which the individual has been found liable under the provisions of ORS 657.310 to...
657.321 Definitions for ORS 657.321 to 657.329.
As used in ORS 657.321 to 657.329 unless the context requires otherwise: (1) �Eligibility period� of an individual means the period consisting of the weeks...
657.323 ORS 657.321 to 657.329 supersede inconsistent provisions of this chapter.
The provisions of this chapter relating to the payment of regular benefits shall apply to claims for and the payment of extended benefits, except when...
657.325 Extended benefits; eligibility; amount.
(1) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual�s eligibility period only if the...
657.326 Adjustment of extended benefits to be received when benefit year ends within extended benefit period.
Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended...
657.327 Notice of effectiveness of extended benefits; employers not to be charged for extended benefits.
(1) Whenever an extended benefit period is to become effective in this state as a result of a state �on� indicator, or an extended benefit...
657.329 Applicability of ORS 657.321 to 657.329.
ORS 657.321 to 657.329 shall apply to individuals meeting the requirements thereof for the week ending January 16, 1971, and any week thereafter. [1971 c.2
657.330 [1969 c.156 §2; 1971 c.82 §1; renumbered 657.337 in 1989]
657.331 �Additional benefits� and �additional benefit period� defined.
(1) As used in ORS 657.331 to 657.334: (a) �Additional benefits� means benefits totally financed by the state and payable under this chapter to exhaustees...
657.332 Eligibility for benefits; maximum amount.
During an additional benefit period an individual who has exhausted regular benefits pursuant to this chapter with respect to a week which begins subsequent to...
657.333 Charging employer�s account for benefits; reimbursing employer payments.
An employer�s account may not be charged for additional benefits paid to an unemployed individual under ORS 657.331 to 657.334. However, nothing in this section...
657.334 Limitation on period for which benefits paid.
Additional benefits may be paid under the provisions of ORS 657.331 to 657.334 only with respect to weeks not within an extended benefit period, and...
657.335 Definitions for ORS 657.335 to 657.360.
As used in ORS 657.335 to 657.360: (1) �Eligible dislocated workers� means individuals who: (a) Have been terminated or laid off or who have received...
657.337 Policy.
(1) The state�s economic stability is often threatened when workers are being displaced from the workforce and the workers and their families face hardship and...
657.340 Eligibility for benefits.
(1) Dislocated workers approved for professional technical training may not be denied unemployment insurance benefits solely because they are attending professional technical training, nor shall...
657.342 Application of eligibility criteria.
(1) The provisions of ORS 657.335 to 657.360 apply to an individual who met the definition of an eligible dislocated worker as provided in ORS...
657.345 Approval of programs by director.
(1) Individuals who are identified as dislocated workers under the federal Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), and implementing regulations, and...
657.350 Rules for administering training program.
The Director of the Employment Department, in consultation with the Department of Community Colleges and Workforce Development, shall promulgate rules as necessary for the administration...
657.355 Denial of benefits to trainees subject to review.
Notice, hearing, and review of a decision to approve or disapprove an application of an individual or to deny continued approval of an individual�s participation...
657.357 Apprenticeship program participants eligible for benefits; conditions.
Notwithstanding the requirements or restrictions of ORS 657.335 to 657.360 or the provisions of this chapter relating to availability for work, actively seeking work or...
657.360 When employer charged for benefits.
Except for benefits paid pursuant to ORS 657.357, no employer�s account shall be charged for benefits paid to an unemployed individual during the period such...
657.370 Definitions for ORS 657.370 to 657.390.
As used in ORS 657.370 to 657.390, unless the context requires otherwise: (1) �Affected employee� means an individual who was continuously employed as a member...
657.375 Plan applications; approval by director.
(1) An employer wishing to participate in the shared work unemployment benefit program shall submit a signed, written shared work plan to the Director of...
657.380 Eligibility of employees; benefit limitation.
(1) Notwithstanding any other provision of this chapter, for the purposes of ORS 657.370 to 657.390, an individual is unemployed and eligible to receive shared...
657.385 Method of paying benefits; amount; disqualification; applicability of law to shared work plans; rules.
(1) An individual who is eligible for shared work benefits under ORS 657.370 to 657.390 shall be paid, with respect to any week of unemployment,...
657.390 Reimbursement to Unemployment Compensation Trust Fund of shared work benefits paid; use of benefit charges.
(1) Any employer who participates in an approved shared work plan after December 31, 1993, shall pay into the Unemployment Compensation Trust Fund an amount...
657.392 Benefits subject to recovery as lien on real or personal property.
(1) If an individual is liable to repay benefits under ORS 657.310, the amount liable to be repaid, interest and penalties due shall be a...
657.394 Filing of lien statement or warrant.
(1) Any warrant attaching the lien under ORS 657.392 may also be filed in the office of the Secretary of State. Filing in the office...
657.396 Alternative to civil collection action; procedure.
(1) In any case in which the Director of the Employment Department may bring a civil action for the collection of amounts liable to be...
657.398 Release, compromise or satisfaction of lien.
Any lien provided for in ORS 657.392 and 657.394 may be released, compromised or satisfied by the Director of the Employment Department, and the property...
657.400 Employment Department Special Fraud Control Fund.
(1) There is established in the State Treasury, separate and distinct from the General Fund, the Employment Department Special Fraud Control Fund. The Employment Department...
657.405 �Computation date� defined for ORS 657.430 to 657.463 and 657.471 to 657.485.
As used in ORS 657.430 to 657.463 and 657.471 to 657.485, �computation date� means the June 30 preceding the calendar year for which tax rates...
657.410 Minimum wage for employee without fixed wage.
For the purpose of determining the contribution of an employer, if a worker is not employed at a fixed wage, after a fair hearing, the...
657.415 When employer ceases to be subject to this chapter.
(1) No employer subject to this chapter shall cease to be subject except upon a written application and after a finding by the Director of...
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.
(1) Any employing unit, for which individuals perform services that are not employment subject to this chapter, may file with the Director of the Employment...
657.430 Tax rates based on experience.
Subject to ORS 657.480 and the conditions and exceptions contained in this chapter, the Director of the Employment Department shall, for each calendar year, determine...
657.435 Base rate for first year.
For each calendar year, an employer�s tax rate shall be that rate assigned in this section to the applicable schedule I through VIII of Table...
657.439 Wage Security Program funding.
(1) Notwithstanding the tax rate imposed by ORS 657.462 and notwithstanding ORS 657.463, for wages paid during the first calendar quarter of each odd-numbered year,...
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.
(1) For each year after December 31, 1993, an employer shall pay a penalty equal to one percent of the employer�s taxable payroll in the...
657.458 Definitions for employer tax rate computations.
As used in this chapter unless the context requires otherwise: (1) �Adjusted average weekly check amount� means the average weekly check amount in a calendar...
657.459 Computation of Fund Adequacy Percentage Ratio.
(1) For the purpose of computing employer tax rates, the Director of the Employment Department, or the director�s authorized representative, shall compute a �Fund Adequacy...
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.
(1) The Director of the Employment Department or the director�s authorized representative shall, for each calendar year, compute a benefit ratio for each employer who...
657.463 Tax rate schedules.
(1) Notwithstanding the tax rate imposed by ORS 657.462 and subject to the tax rate imposed by ORS 657.439, for wages paid during a calendar...
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.
Notwithstanding the payment of regular and extended unemployment insurance benefits to employees of employing units which reimburse the fund in lieu of taxes from moneys...
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.
(1) Subject to the provisions of subsections (2) to (7) and (10) of this section, benefits paid to an eligible individual shall be charged to...
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.
Employers subject to this chapter may be furnished, upon written request, a statement of benefits charged to their accounts at such times and in such...
657.475 Where a number of the same workers are normally employed by several employers; records; contributions; charging benefits.
(1) Where a number of workers are normally employed in employment in the course of a year by several employers, such employers, with the approval...
657.477 Related corporations as common paymaster; treatment of compensation for services.
For purposes of this chapter, if two or more related corporations concurrently employ the same individual and compensate such individual through a common paymaster which...
657.480 Effect of transfer of trade or business; partial transfer; penalties; rules.
(1) If an employer transfers its trade or business or a portion of its trade or business to another employer, the portion of unemployment experience...
657.485 Notice of rate; request for hearing; procedure for redetermination.
(1) An employer, when notified that the employer has been determined an employer subject to this chapter, shall also be notified of the tax rate...
657.487 Judicial review of decisions under ORS 657.485.
Judicial review of decisions or orders under ORS 657.485 shall be as provided for review of orders in contested cases in ORS chapter 183, except...
657.490 Employer or employee has no prior right to employer�s contributions.
This chapter shall not be construed to grant any employer or any individual in the service of the employer prior claims or rights to the...
657.495 Fraud in lowering contributions.
No person shall willfully make a false statement or misrepresentation to lower contributions paid to the fund. COLLECTION OF TAXES
657.504 Applicability of noncharging provisions.
(1) The noncharging provisions of this chapter, including but not limited to ORS 657.327, 657.360, 657.471 and 657.770, do not apply to employers making reimbursement...
657.505 Payment of and liability for taxes; rules.
(1) On and after January 1, 1936, taxes shall be payable by each employer then subject to this chapter. Taxes shall become payable by any...
657.506 Reports and taxes for musicians under contract; applicability.
(1) The person or organization engaging the services of a musician or musicians shall be considered the employer for the purposes of this chapter, except...
657.507 Employer�s security for payment of contributions.
(1) If upon satisfactory evidence the Director of the Employment Department finds it necessary for the protection of the Unemployment Compensation Trust Fund, the director...
657.508 Failure to comply with ORS 657.507.
(1) If an employer fails to comply with ORS 657.507, the circuit court of the county in which the employer resides or in which the...
657.509 Taxes from political subdivisions and people�s utility districts; election; effect of canceling election; applicability of noncharging provisions.
(1) Instead of the amount to be paid into the fund under provisions of ORS 657.505 (6), a political subdivision may elect to pay taxes...
657.510 Refunds.
If not later than three years after the date on which any contributions, interest, fines or penalties were paid pursuant to this 1965 Act, an...
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.
(1) A political subdivision required to make payments into the Unemployment Compensation Trust Fund under ORS 657.505 may request the Director of the Employment Department...
657.515 Delinquent taxes; interest; civil penalties; collection by civil action; settlement.
(1) If an employer defaults with respect to any payment required to be made by the employer to the Unemployment Compensation Trust Fund, the taxes...
657.517 Authority of director to compromise or adjust debts or overpayments; determination of uncollectible amounts.
(1) When in the judgment of the Director of the Employment Department the best interests of the Employment Department are served, the director may: (a)...
657.520 Claims for contribution preferred.
All contributions, interest charges, penalties or amounts due the Unemployment Compensation Trust Fund from any employer under this chapter and all judgments recovered by the...
657.525 Lien on subjects and products of labor for which contributions are due.
A lien is created in favor of the Director of the Employment Department upon all real property within this state and any structure or improvement...
657.530 Lien on property used in connection with employment on which contributions are due.
The Director of the Employment Department also shall have a lien upon all real or personal property of the employer used in connection with the...
657.535 Liens under ORS 657.525 or 657.530; priority; filing statement of lien; foreclosure.
(1) The liens created by ORS 657.525 and 657.530 shall be prior to all other liens and encumbrances, except labor liens and taxes, and they...
657.540 Lien on property of defaulting employer; recording; priority; foreclosure.
(1) If an employer liable for the payment of contributions to the Unemployment Compensation Trust Fund is in default, as provided in ORS 657.515 (3),...
657.542 Filing liens and warrants with Secretary of State.
(1) A copy of any statement of lien filed as provided in ORS 657.535 or any warrant attaching the lien of ORS 657.540 may also...
657.545 Release of ORS 657.540 lien by filing security.
(1) The employer against whose property a lien has been filed under ORS 657.540 may cause the property to be released by filing with the...
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.
(1) Except in the case of failure without good cause to file a return, fraud or intent to evade any provision of this chapter or...
657.555 Authority to release, compromise or satisfy liens.
Any lien provided for in ORS 657.525 to 657.540 may be released, compromised or satisfied by the Director of the Employment Department, and the property...
657.557 Remedies for collection of contributions not exclusive; prevailing party in civil action to recover costs.
(1) Remedies given to the Director of the Employment Department under this chapter for the collection of contributions, interest and penalties shall be cumulative and...
657.560 Joining director in actions involving title of property subject to director�s lien.
The Director of the Employment Department may be made a party to any suit or action involving the title to real or personal property against...
657.565 Unlawful practices of employer.
(1) No employer or agent of any employer shall willfully refuse or fail to pay a contribution to the fund or to furnish any report,...
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.
(1) Every employing unit shall make and file a quarterly report of taxes due under this chapter upon a combined quarterly tax report form prescribed...
657.575 Repayment of default by nonprofit employing unit; conditions.
(1) Notwithstanding any other provision of this chapter, when a nonprofit employing unit is found by the Director of the Employment Department to be in...
657.601 Employment Department.
There is established an Employment Department. The department shall: (1) Administer the unemployment insurance laws of this state to support Oregonians during periods of unemployment;...
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.
(1) The Employment Department shall be under the supervision and control of a director appointed by the Governor. The term of office of the Director...
657.610 Director; powers and duties generally; rules.
The Director of the Employment Department may: (1) For purposes of administration and control, and with the approval of the Governor, organize and reorganize the...
657.615 Investigations and recommendations to legislature.
The Director of the Employment Department may: (1) Carry on investigations of the operation of unemployment insurance in Oregon, including related subjects and publish the...
657.620 Determination of adequate fund reserve; modification of benefits and eligibility regulations in case of emergency.
(1) The Director of the Employment Department shall, from time to time, after investigation, reasonable public notice, and a public hearing at which any interested...
657.625 Publication of rules, reports and information on Employment Department law.
(1) The Director of the Employment Department shall cause to be printed in proper form for distribution the classification, rates, rules, regulations and rules of...
657.630 Quasi-judicial powers in administrative hearings.
The Director of the Employment Department may act in the director�s own behalf or by any of the duly authorized agents or assistants of the...
657.635 Circuit court to enforce obedience to subpoenas.
The circuit court for any county or the judge thereof, on application of the Director of the Employment Department or any of the assistants of...
657.640 Attorney General to represent director.
Upon request of the Director of the Employment Department, the Attorney General or, under the direction of the Attorney General, the district attorney of any...
657.642 Supplementary remedies for collection of taxes, interest and penalties; use of warrants; execution by sheriff.
(1) In any case in which the Director of the Employment Department may bring a civil action for the collection of taxes, interest and penalties...
657.645
[Repealed by 1959 c.583 §24]
657.646 Use of warrant to collect amount of judgment.
In any case in which a judgment is rendered in favor of the Employment Department for amounts due under this chapter, the Director of the...
657.650 [Amended by 1983 c. 522 §8; repealed by 1993 c.344 §11]
657.652 Certificate as evidence in proceeding.
In any action, suit or proceeding brought by or against the Director of the Employment Department a certificate attested to by the director or the...
657.655 Certified copies of records as evidence.
If the original of any record, file, order, proceeding, decision, award or other document on file with the Employment Department is competent and admissible in...
657.657 Acquisition of land and offices.
(1) Subject to the approval of the Director of the Oregon Department of Administrative Services, the Director of the Employment Department may acquire by purchase...
657.660 Records and reports of employing units.
(1) Every employing unit shall keep true and accurate records of all persons employed by it and such records of hours worked, wages paid and...
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.
(1) If an employer fails to file a required quarterly tax report or quarterly detail of employees� wages and hours of work by the 10th...
657.665 Confidentiality of information.
(1) Except as provided in subsections (2) to (4) of this section, all information in the records of the Employment Department pertaining to the administration...
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.
(1) As used in this section: (a) �Wage information� means the amount of wages as reported to the Employment Department by each employer as earned...
657.675 [Amended by 1959 c.376 §1; renumbered 657.695]
657.676 Reconsideration of determinations; conditions; rules; hearing and review.
(1) Upon motion of the Director of the Employment Department or upon application of an interested employer, the director may reconsider a determination of employer...
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.
A determination of the Director of the Employment Department or the authorized representative of the director: (1) As to whether an employing unit is an...
657.680 [Repealed by 1959 c.376 §4]
657.681 Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing.
(1) If an employer files a report for the purpose of determining the amount of contributions due under this chapter but fails to pay contributions...
657.682 Assessments against reorganized business entity.
(1) As used in this section, �reorganized business entity� means a business entity that, while operating substantially the same business as the employer, has been...
657.683 Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682; decision of administrative law judge; amendment of decision.
(1) An application for hearing under ORS 657.480, 657.679, 657.681 or 657.682 shall be in writing and shall state that a determination or assessment of...
657.684 Judicial review of decisions under ORS 657.683.
Judicial review of decisions under ORS 657.683 shall be as provided for review of orders in contested cases in ORS chapter 183, except that the...
657.685 Employment Appeals Board; confirmation; quorum; meetings; duties; staffing; rules.
(1) The Employment Appeals Board hereby is created within the Employment Department. (2) The Employment Appeals Board consists of three members who shall be appointed...
657.690 Employment Appeals Board powers.
The Employment Appeals Board has the power: (1) To hold sessions any place within the state. (2) To administer oaths. (3) To issue and serve,...
657.695 Employment Department Advisory Council; members; compensation and expenses.
(1) To assist the Director of the Employment Department in the effective development of policies and programs with respect to unemployment insurance and employment service...
657.700 Special councils for program development.
The Director of the Employment Department may also appoint committees, and industrial or other special councils, to perform appropriate services in connection with the development...
657.705 Oregon State Employment Service.
There is created under the Director of the Employment Department a division, to be known as the Oregon State Employment Service, which shall be affiliated...
657.710 Free public employment offices; contracts relating to workforce investment system; public agencies to provide information on job vacancies.
(1) The Director of the Employment Department shall establish and maintain such free public employment offices, including such branch or affiliate offices, as may be...
657.715 Wagner-Peyser Act accepted.
The State of Oregon hereby accepts the provisions of the Act of Congress approved June 6, 1933, entitled �An act to provide for the establishment...
657.720 Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service.
(1) The Director of the Employment Department is designated and constituted the agency of this state for the purpose of the Wagner-Peyser Act. The director...
657.725 Employment districts.
The Director of the Employment Department may divide the state into such number of employment districts as the director finds necessary and maintain a district...
657.730 Labor market information system; rules.
(1) As used in this section, unless the context requires otherwise: (a) �Labor market analysis� means the measurement and evaluation of economic forces as they...
657.732 Interagency Shared Information System; limitation on new information; rules.
(1) As used in this section, �participating state agency or organization� means: (a) The Employment Department; (b) Divisions and offices within the Department of Human...
657.734 Performance Reporting Information System; rules.
(1) As used in this section: (a) �Public body� has the meaning given that term in ORS 192.410. (b) �System participant� means: (A) Mandatory partners...
657.736 Occupational Program Planning System.
The Occupational Program Planning System is established within the Employment Department as the state�s official occupational information system. The Director of the Employment Department shall...
657.755 Cooperation with federal agencies administering unemployment insurance laws.
The Director of the Employment Department shall: (1) Cooperate in all necessary respects with the appropriate agencies and departments of the federal government in the...
657.757 Cooperation with federal agencies administering training or retraining programs and other assistance.
(1) The Employment Department is authorized to cooperate with or enter into agreements with appropriate agencies of the federal government whereby: (a) The Director of...
657.760 Reciprocal agreements on coverage and collection of contributions.
The Director of the Employment Department may enter into agreements with the appropriate agencies of other states or the federal government whereby: (1) Potential rights...
657.765 Reciprocal agreements concerning payroll taxes for out-of-state work.
Whenever the unemployment insurance laws of other states provide for inclusion of out-of-state payment of wages in computing wages paid in like manner as provided...
657.770 Reciprocal agreements concerning wages used as basis for benefits.
(1) The Director of the Employment Department may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal...
657.775 Cooperation with other states on reciprocal basis for collection of contributions.
(1) The courts of the State of Oregon shall recognize and enforce the liability for unemployment insurance contributions imposed by other states which extend a...
657.780 Agreements with governmental agencies to withhold benefits for child support obligations; rules.
(1) As used in this section, �appropriate agency� means an agency authorized to enforce child support obligations pursuant to a plan approved under part D...
657.783 Supplemental Employment Department Administration Fund.
(1) There is established in the State Treasury, separate and distinct from the General Fund, the Supplemental Employment Department Administration Fund. The Supplemental Employment Department...
657.785 Agreement for Interstate Reciprocal Overpayment Recovery Arrangement.
(1) The Director of the Employment Department may enter into an agreement or agreements with any other state�s employment security agency, or group thereof, including...
657.805 Unemployment Compensation Trust Fund.
There hereby is created the Unemployment Compensation Trust Fund. Such fund shall consist of: (1) All contributions received and collected under this chapter. (2) Interest...
657.807 Advances, under title XII of Social Security Act, to Unemployment Compensation Trust Fund.
(1) The Governor of the State of Oregon is hereby authorized in the discretion of the Governor to make necessary application to the Secretary of...
657.810 Deposit and use of fund.
(1) All moneys received for the Unemployment Compensation Trust Fund under ORS 657.805 shall be deposited with the State Treasurer subject to ORS 657.830. (2)...
657.812 Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury.
(1) Money credited to the account of this state in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of...
657.813 Use of moneys made available under Social Security Act for administrative expenses.
Notwithstanding ORS 657.812, the Employment Department may accept funds made available to this state under section 903 of the Social Security Act, as amended, for...
657.815 Unemployment Compensation Benefit Fund.
(1) There is created, separate and distinct from the General Fund, the Unemployment Compensation Benefit Fund. Such fund shall consist of all amounts withdrawn from...
657.820 Unemployment Compensation Administration Fund.
(1) There is established in the State Treasury, separate and distinct from the General Fund, the Unemployment Compensation Administration Fund, to consist of all moneys...
657.822 Employment Department Special Administrative Fund.
(1) There is established in the State Treasury, separate and distinct from the General Fund, the Employment Department Special Administrative Fund. The Employment Department Special...
657.823 Employment Tax Guarantee Fund.
(1) There is established in the State Treasury, separate and distinct from the General Fund, the Employment Tax Guarantee Fund. The Employment Tax Guarantee Fund...
657.825 Expenditure of federal funds; restitution of moneys lost or improperly expended.
(1) All moneys in the Unemployment Compensation Administration Fund which are received from the federal government or any agency thereof or which are appropriated by...
657.830 State Treasurer as custodian of funds.
(1) The State Treasurer shall be the custodian of the Unemployment Compensation Trust Fund and the Unemployment Compensation Benefit Fund. (2) After clearance thereof, the...
657.835 [1981 c.895 §4; repealed by 1995 c.37 §10]
657.840 Federal Advance Interest Repayment Fund; assessment of tax; applicability.
(1) On the first day of the third month of a calendar quarter the Director of the Employment Department shall: (a) Estimate the interest payable,...
657.845 [1991 c.685 §2; 1995 c.37 §8; 2005 c.183 §11; repealed by 2005 c.183 §13]
657.855 Benefits not assignable; waiver of rights invalid.
(1) Except as provided in this section, benefits due under this chapter may not be assigned, pledged, encumbered, released or commuted and shall, except as...
657.860 Agreement of employee to pay contributions void.
No agreement by an employee to pay any portion of the contribution required of the employer by this chapter is valid and no employers shall...
657.865 No vested rights.
All the rights, privileges or immunities conferred by this chapter or by acts deemed pursuant thereto shall exist subject to the powers of the legislature...
657.870 When operation of this chapter ceases.
(1) If title IX of the federal Social Security Act becomes inoperative by Act of Congress or by decision of the United States Supreme Court,...
657.875 Extending period for appeal in certain claim and contribution matters.
The period within which an interested party may request a hearing or file with the Employment Appeals Board an application for review as provided in...
657.880 Health care coverage for unemployed individuals; deduction of benefits.
In order to provide health care coverage for eligible unemployed individuals, the Employment Department, upon approval and funding by the Emergency Board, is authorized: (1)...
657.885 �Health care coverage� defined.
For purposes of this section and ORS 657.880, the term �health care coverage� means coverage under: (1) Health insurance policies issued by qualified insurers and...
657.890 [1989 c.369 §2; repealed by 1995 c.105 §9]
657.895 Unemployment compensation programs under federal authority.
Notwithstanding any other provision of this chapter, the Employment Department, at the direction of the Governor, may take appropriate action to expedite and provide for...
657.925 Oregon JOBS Plus Unemployment Wage Fund.
(1) There is established in the State Treasury, separate and distinct from the General Fund, the Oregon JOBS Plus Unemployment Wage Fund. The Oregon JOBS...
657.990 Penalties.
(1) Violation of ORS 657.295 is punishable for each offense by a fine of not less than $50 nor more than $500, or by imprisonment...

Last modified: August 7, 2008