2017 ORS 657.087¹
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 that the remuneration consists of commissions, or a share of the profit realized on each contract; or

(2) By individuals to the extent that the compensation consists of commissions, overrides or a share of the profit realized on orders solicited or sales resulting from the in-person solicitation of orders for and making sales of consumer goods in the home. [1961 c.320 §2; 1977 c.101 §1]

Notes of Decisions

Where peti­tioner knife sales company pays salespeople incentive pay­ments for in-home product demonstra­tions, incentive pay­ment is not exempt from “employ­ment” in this sec­tion as “com­mis­sions” because com­mis­sion is pay­ment keyed to transac­tion with customer in which customer makes order, and incentive pay­ment is made based on number of in-home demonstra­tions regardless of whether demonstra­tions result in customer orders. Vector Marketing Corp. v. Employ­ment Depart­ment, 275 Or App 999, 365 P3d 686 (2015), Sup Ct review denied

This sec­tion creates exemp­tion from employ­ment but exemp­tion is limited to remunera­tion based on com­mis­sions and profits from “sales of consumer goods in the home.” Because employer failed to es­tab­lish to what extent employer’s independent business owners con­ducted sales in loca­tions other than “in the home,” employer could not benefit from exemp­tion. ACN Opportunity, LLC v. Employ­ment Depart­ment, 278 Or App 697, 377 P3d 638 (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.