2015 ORS 657.357¹
Apprenticeship program participants eligible for benefits
  • conditions

Caution-flag-2-25x25
This section is amended
Effective March 3, 2016
Relating to an increase in the maximum number of weeks for which an unemployed individual participating in an apprenticeship program may be eligible for unemployment insurance benefits; creating new provisions; amending ORS 657.357; and declaring an emergency.

Notwithstanding the requirements or restrictions of ORS 657.335 (Definitions for ORS 657.335 to 657.360) to 657.360 (When employer charged for benefits) or the provisions of this chapter relating to availability for work, actively seeking work or refusal to accept suitable work, an unemployed individual participating in an apprenticeship program who is otherwise eligible for unemployment insurance benefits shall not be ineligible for such benefits or waiting week credit solely by reason of attending a program of related instruction established in accordance with ORS 660.157 (Standard courses of study for apprentices and trainees) when such attendance does not exceed five weeks during the benefit year of the individual and when such attendance is required as a condition of the individuals continued employment and shall be considered to be in a program of instruction with the approval of the Director of the Employment Department if the individual:

(1) Provides the director with a copy of that individuals effective apprenticeship agreement approved in accordance with the requirements of ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents); and

(2) Establishes to the satisfaction of the director that the training is scheduled by a work-related entity other than the claimant. [1989 c.818 §3; 1999 c.124 §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.