ORS 657.385¹
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 (Definitions for ORS 657.370 to 657.390) to 657.390 (Reimbursement to Unemployment Compensation Trust Fund of shared work benefits paid) shall be paid, with respect to any week of unemployment, a weekly shared work unemployment insurance benefit amount. Such amount shall be equal to the individual’s regular weekly benefit amount multiplied by the nearest full percentage of reduction of the individual’s regular weekly hours of work, as set forth in the employer’s plan. The benefit payment under ORS 657.370 (Definitions for ORS 657.370 to 657.390) to 657.390 (Reimbursement to Unemployment Compensation Trust Fund of shared work benefits paid), if not a multiple of one dollar, shall be rounded to the nearest dollar, and an even one-half dollar shall be rounded to the next higher multiple of one dollar.

(2) The provisions of ORS 657.150 (Amount of benefits) (6) shall not apply to earnings from the shared work employer of an individual eligible for payments under ORS 657.370 (Definitions for ORS 657.370 to 657.390) to 657.390 (Reimbursement to Unemployment Compensation Trust Fund of shared work benefits paid) unless the resulting payment would be less than the regular benefit payment for which the individual would otherwise be eligible under ORS 657.150 (Amount of benefits) (6) without regard to shared work unemployment insurance benefits.

(3) An individual shall be disqualified for benefits payable under ORS 657.370 (Definitions for ORS 657.370 to 657.390) to 657.390 (Reimbursement to Unemployment Compensation Trust Fund of shared work benefits paid) for any week in which paid work is performed for the shared work employer in excess of the reduced hours as set forth in the approved plan.

(4) Except as otherwise provided by or inconsistent with ORS 657.370 (Definitions for ORS 657.370 to 657.390) to 657.390 (Reimbursement to Unemployment Compensation Trust Fund of shared work benefits paid), all provisions of this chapter and the rules of the Director of the Employment Department apply to ORS 657.370 (Definitions for ORS 657.370 to 657.390) to 657.390 (Reimbursement to Unemployment Compensation Trust Fund of shared work benefits paid). The director may adopt such rules as is deemed necessary to make distinctions and requirements to carry out the purposes of ORS 657.370 (Definitions for ORS 657.370 to 657.390) to 657.390 (Reimbursement to Unemployment Compensation Trust Fund of shared work benefits paid). [1982 s.s.1 c.2 §11; 1983 c.51 §2; 2003 c.14 §404]

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)

Atty. Gen. Opinions

Determining employer of musicians' group, (1972) Vol 35, p 1306

1 Legislative Counsel Committee, CHAPTER 657—Unemployment Insurance, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors657.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 657, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­657ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information