2011 ORS § 657.100¹

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 performed is paid or payable to the individual, or in any week of less than full-time work if the remuneration paid or payable to the individual for services performed during the week is less than the individuals weekly benefit amount.

(2) For the purposes of ORS 657.155 (Benefit eligibility conditions) (1), an individual who performs full-time services in any week for an employing unit is not unemployed even though remuneration is neither paid nor payable to the individual for the services performed; however, nothing in this subsection shall prevent an individual from meeting the definition of unemployed as used in this section solely by reason of the individuals performance of volunteer services without remuneration for a charitable institution or a governmental entity.

(3) The Director of the Employment Department shall prescribe rules as the director deems necessary with respect to the various types of unemployment. [Amended by 1981 c.77 §3]

Notes of Decisions

Since claimant performed services for the corporate employer during the period in question and was compensated for them by the corporation he was not unemployed. Anttonen v. Morgan, 9 Or App 169, 496 P2d 733 (1972)

The test of whether a teacher was unemployed within the meaning of the Oregon unemployment compensation law was not when his teaching and research duties ended but rather the terms of his employment contract with reference to when he would cease receiving remuneration from his former employer for services performed. Gollender v. Morgan, 17 Or App 104, 520 P2d 453 (1974)

Sole owner-employees of income tax preparation corporation were unemployed under this section where they were not paid for services, such as checking and answering mail, performed during periods in question. Sullivan v. Employment Division, 42 Or App 581, 600 P2d 965 (1979)

Where reserved vacation pay was earned and payable with respect to earlier weeks of service, and not with respect to weeks for which benefits were claimed, vacation pay was not remuneration payable for services performed during claim weeks. Teledyne Wah Chang Albany v. Employment Division, 77 Or App 148, 712 P2d 154 (1985), affd 302 Or 186, 728 P2d 26 (1986)

Employment Appeals Board incorrectly determined that claimant was not unemployed for purposes of this section when purported employing unit was corporation that was nothing more than shell, without place of business, without officers or other employees, without assets, and when claimant performed activities without salary or other expectation of direct reimbursement for his efforts on behalf of corporation. Waltuck v. Employment Div., 105 Or App 542, 805 P2d 739 (1991)

Chapter 657

Notes of Decisions

An individual who performs services for remuneration is an employee, and person or organization for whom services are performed is an employer under terms of Employment Division Law even if remuneration is paid indirectly rather than directly unless employer shows that some statutory exclusion applies. Lectro Lift, Inc. v. Morgan, 14 Or App 316, 513 P2d 526 (1973)

Mere act of incorporating as professional corporation does not, by itself, create employer-employee relationship for purposes of this chapter. Peterson v. Employment Division, 82 Or App 371, 728 P2d 95 (1986)

2011 ORS § 657.100¹ Unemployment • rules

2011 ORS § 657.100¹

Unemployment

• rules