2017 ORS 657.202¹
Temporary lockout benefits

(1) As used in this section, “temporary lockout benefits” means benefits payable as provided in this section to individuals who are unemployed due to a lockout as defined in ORS 662.205 (Definitions for ORS 662.205 to 662.225).

(2) An individual is eligible to receive temporary lockout benefits for a week in an amount equal to the weekly benefit amount of the individual’s most recent unemployment benefit claim if:

(a) Prior to the week, the individual has received all of the regular benefits that were available to the individual under this chapter;

(b) The individual is not eligible for any other benefits, including benefits provided under any federal law extending benefits beyond those provided for as regular benefits; and

(c) At the time of filing an initial or additional claim, the individual is unemployed due to a lockout at the individual’s place of employment.

(3) The maximum temporary lockout benefit amount an individual may receive under this section is 26 times the weekly benefit amount of the individual’s most recent unemployment benefit claim.

(4) Notwithstanding subsections (2) and (3) of this section, temporary lockout benefits otherwise payable to an individual under this section may not be paid for weeks that begin after the week in which the lockout ends.

(5) An employer shall be charged for temporary lockout benefits in the manner provided in this chapter for charging employers for regular benefits. [2016 c.27 §2]

Note: Sections 3 and 4, chapter 27, Oregon Laws 2016, provide:

Sec. 3. (1) Section 2 of this 2016 Act [657.202 (Temporary lockout benefits)] applies to weeks that begin on or after the effective date of this 2016 Act [March 8, 2016].

(2)(a) Notwithstanding subsection (1) of this section, with respect to individuals who are unemployed due to a lockout on the effective date of this 2016 Act and who are otherwise eligible to receive temporary lockout benefits, section 2 of this 2016 Act applies to weeks that begin before, on or after the effective date of this 2016 Act.

(b) Temporary lockout benefits that are retroactively payable by operation of this subsection must be claimed by the eligible individual, in the manner prescribed in this chapter [ORS chapter 657] for claiming regular benefits, within 60 days after the effective date of this 2016 Act. [2016 c.27 §3]

Sec. 4. (1) If the United States Secretary of Labor serves notice that the provisions of section 2 of this 2016 Act [657.202 (Temporary lockout benefits)] fail to meet the requirements of the Social Security Act or the Federal Unemployment Tax Act, section 2 of this 2016 Act shall no longer be of any force or effect.

(2) The Director of the Employment Department shall notify the Legislative Counsel as soon as practicable after receipt of the notice described in subsection (1) of this section. [2016 c.27 §4]

Note: 657.202 (Temporary lockout benefits) was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

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.