2015 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)

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 657, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano657.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.