2015 ORS 657.317¹
Waiving recovery of benefits
  • effect of nonconformity to federal law

(1) The Director of the Employment Department shall waive recovery of benefits under ORS 657.315 (Recovery or deduction of benefits paid erroneously) if the director finds that the benefits are recoverable due to a change in federal or state law, the application of which has caused the disqualification of benefits previously paid.

(2) The director may waive recovery of benefits under ORS 657.315 (Recovery or deduction of benefits paid erroneously) if the director finds that recovery of benefits would be against equity and good conscience.

(3) If the United States Secretary of Labor serves notice that the provisions of subsection (1) or (2) of this section fail to meet the requirements of the Social Security Act or the Federal Unemployment Tax Act, the nonconforming subsection is no longer of any force or effect.

(4) The director may waive establishment and recovery of overpaid benefits when no decision has been issued under ORS 657.310 (Recovery or deduction of benefits paid because of misrepresentation by recipient) or 657.315 (Recovery or deduction of benefits paid erroneously) and the amount of the overpayment is less than one-half of the maximum weekly benefit amount in effect at the time the overpayment is discovered. [1983 c.528 §§6,7; 1995 c.105 §7; 2011 c.514 §1]

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.