2017 ORS 657.047¹
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 furnishes and maintains the vehicle used in such transportation; or

(b) Transportation performed by motor vehicle for a for-hire carrier by any person that leases their equipment to a for-hire carrier and that personally operates, furnishes and maintains the equipment and provides service thereto.

(2) For the purposes of this chapter, services performed in the operation of a motor vehicle specified in subsection (1) of this section shall be deemed to be performed for the person furnishing and maintaining the motor vehicle.

(3) As used in this section “for-hire carrier” has the meaning given that term in ORS 825.005 (Definitions).

(4) The provisions of subsections (1) and (2) of this section do not apply to services performed for:

(a) A nonprofit employing unit;

(b) This state;

(c) A political subdivision of this state; or

(d) An Indian tribe. [1963 c.469 §2; 1987 c.891 §3; 1995 c.306 §39; 2001 c.572 §4; 2005 c.218 §10]

Notes of Decisions

As used in this sec­tion, “lease” requires transfer to for-hire carrier of legal pos­ses­sion and use of vehicle, but reten­tion by lessor of physical pos­ses­sion, control and use for purposes of vehicle opera­tion and maintenance. Delta Logistics, Inc. v. Employ­ment Depart­ment Tax Sec­tion, 279 Or App 498, 379 P3d 783 (2016), Sup Ct review allowed

Where for-hire carrier leased vehicles from vehicle owner-operators, who drove vehicles for purposes of providing services offered on behalf of for-hire carrier, for-hire carrier was not employer of owner-operator. Delta Logistics, Inc. v. Employ­ment Depart­ment Tax Sec­tion, 279 Or App 498, 379 P3d 783 (2016), Sup Ct review allowed

Where for-hire carrier enters into agree­ments with contract drivers, who own or lease their vehicles, to provide transporta­tion services for carrier and carrier financially compensates drivers and provides equip­ment, licensing, insurance and administrative support, drivers’ services are not “employ­ment” and are therefore exempt under this sec­tion. Market Transport, Ltd. v. Employ­ment Depart­ment, 279 Or App 515, 379 P3d 608 (2016)

Where contract driver of for-hire carrier does not have transferable interest in vehicle, driver is not exempt under this sec­tion. May Trucking Company v. Employ­ment Depart­ment, 279 Or App 530, 379 P3d 602 (2016)

Where contract drivers of for-hire carrier have financial responsibility for vehicle and are permitted under agree­ment with carrier to select third party to perform maintenance on vehicle, contract drivers meet require­ment to “per­sonally” maintain vehicle under this sec­tion. May Trucking Company v. Employ­ment Depart­ment, 279 Or App 530, 379 P3d 602 (2016)

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)

Determina­tion of whether claimant is qualified for benefits is made by reference to ORS 657.150 (Amount of benefits) and 657.155 (Benefit eligibility conditions), which require determina­tion of amount of work that claimant performed in “employ­ment” as defined in ORS chapter 657, which, in turn means that exclusions from “employ­ment” set out in ORS 657.040 (Employment) through 657.094 (Employment) must be considered. May Trucking Co. v. Employ­ment Dept., 251 Or App 555, 284 P3d 553 (2012)

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/­ors/­ors657.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 657, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano657.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.