2017 ORS 657.375¹
Plan applications
  • approval by director

(1) An employer wishing to participate in the shared work unemployment benefit program must submit a signed, written shared work plan to the Director of the Employment Department for approval.

(2) The director may give written approval of a shared work plan only if it:

(a) Provides a description of how the requirements of the shared work unemployment benefit program will be implemented.

(b) Is consistent with employer obligations under federal law.

(c) Specifies the employees in the affected group.

(d) Applies to only one affected group.

(e) Includes a certified statement by the employer that each individual specified in the affected group is an affected employee.

(f) Includes the employer’s estimate of the number of layoffs that would have occurred if not for the shared work unemployment benefit program.

(g) Includes a certified statement by the employer that for the duration of the plan the reduction in the normal weekly hours of work of the employees in the affected group is instead of layoffs which otherwise would result in at least as large a reduction in the total normal weekly hours of work.

(h) Specifies an expiration date that is no more than one year from the date the employer submits the plan for approval.

(i) Certifies that existing health and retirement benefits under a defined benefit plan or contributions to a defined contribution plan, as defined in section 414 of the Internal Revenue Code, for the benefit of any participating employee with a reduced workweek will be provided to the employee as if the workweek had not been reduced.

(j) Is approved in writing by the collective bargaining agent for each collective bargaining agreement that covers any employee in the affected group.

(3) The director shall establish the beginning and ending dates of an approved shared work plan.

(4)(a) The director shall approve or disapprove the plan within 15 days of receipt of the plan.

(b) The director shall notify the employer of the reasons for disapproval of a shared work plan within 10 days of making the determination.

(c) Determinations of the director are final and are not subject to review by any court or other administrative body.

(5) Disapproval of a shared work plan may be reconsidered upon application of the employer or at the discretion of the director.

(6) Approval of a shared work plan may be revoked by the director when it is established that approval was based, in whole or in part, upon information contained in the plan that is either false or substantially misleading. [1982 s.s.1 c.2 §9; 1993 c.778 §21; 2013 c.704 §3]

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.