2017 ORS 657.105¹
Wages
  • generally

(1) As used in this chapter, unless the context requires otherwise, and subject to ORS 657.115 (Wages) to 657.140 (Wages), “wages” means all remuneration for employment, including the cash value, as determined by the Director of the Employment Department under the regulations of the director, of all remuneration paid in any medium other than cash.

(2) Notwithstanding the provisions of subsection (1) of this section, noncash remuneration paid for services performed in agricultural labor or domestic service shall not be considered remuneration or wages for any purpose under this chapter. [Amended by 1975 c.257 §4; 1977 c.446 §6]

Notes of Decisions

Although wages paid to peti­tioner for work at clinic were “disability pay­ments in a work experience program,” no statute provided that they should not be counted for unemploy­ment benefit purposes, and they were “remunera­tion for employ­ment,” under this sec­tion. White v. Employ­ment Division, 72 Or App 163, 694 P2d 1009 (1985), as modified by 77 Or App 35, 711 P2d 196 (1985)

Administrative rule that tips were not wages was not inconsistent with statutory defini­tion of wages. Callahan v. Employ­ment Div., 80 Or App 401, 722 P2d 1275 (1986), Sup Ct review denied

Division rule providing that back pay awards constitute wages conflicts with this sec­tion and is invalid. Employ­ment Div. v. Ring, 104 Or App 713, 803 P2d 766 (1990), Sup Ct review denied

Where peti­tioner showed up for work and was paid despite being sent home because of incle­ment weather, peti­tioner received “wages” under this sec­tion. Barnes v. Employ­ment Division, 117 Or App 233, 843 P2d 987 (1992)

Salary reduc­tion amount used for employer pay­ment of employee benefit pursuant to irrevocable elec­tion by employee are not wages for purpose of calculating unemploy­ment benefit. Lee v. Employ­ment Depart­ment, 221 Or App 449, 190 P3d 453 (2008), Sup Ct review denied

Fees paid to corporate director for performance of duties as director are not wages. Necanicum Invest­ment Co. v. Employ­ment Depart­ment, 345 Or 138, 190 P3d 368 (2008)

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.