2017 ORS 657.380¹
Eligibility of employees
  • benefit limitation

(1) Notwithstanding any other provision of this chapter, for the purposes of ORS 657.370 (Definitions for ORS 657.370 to 657.390) to 657.390 (Employer charged for benefits in same manner as for regular or extended benefits), an individual is unemployed and eligible to receive shared work benefits with respect to any week if, in addition to meeting all other eligibility requirements of this chapter, the Director of the Employment Department finds that:

(a) During the week the individual is employed as a member of an affected group in an approved plan that was approved prior to the week and is in effect for the week.

(b) During the week the individual’s normal weekly hours of work were reduced, in accordance with an approved plan, at least 20 percent but not more than 40 percent, with a corresponding reduction in wages.

(2) Shared work benefits may not be paid to an eligible individual in an amount greater than 26 times the individual’s weekly benefit amount of regular benefits.

(3) The total amount of regular benefits and shared work benefits paid to an individual in a benefit year may not exceed the total for the benefit year as provided in ORS 657.150 (Amount of benefits) (5).

(4) An otherwise eligible individual may not be denied benefits under this section:

(a) Because of the application of any provision of this chapter relating to availability for work, active search for work or refusal to apply for or accept work from other than the individual’s shared work employer.

(b) For participating in training to enhance the job skills of the individual, if the training is sponsored by the employer or funded under the federal Workforce Innovation and Opportunity Act, and approved by the director. [1982 s.s.1 c.2 §10; 2009 c.377 §1; 2013 c.704 §4; 2017 c.185 §16; 2017 c.297 §37]

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.