2017 ORS 657.673¹
Disclosure of wage information to consumer reporting agency
  • conditions

(1) As used in this section:

(a) “Wage information” means the amount of wages as reported to the Employment Department by each employer as earned by a particular individual during the period, not to exceed 15 recorded quarters preceding the quarter in which the request for disclosure is made, and the name and address of each employer.

(b) “Consumer reporting agency” means a consumer reporting agency as defined in the federal Fair Credit Reporting Act, 15 U.S.C. 1681a.

(2) The Employment Department shall disclose by electronic means wage information to consumer reporting agencies for the purpose of verifying information provided by an individual in connection with a specific credit transaction if all of the following conditions are met:

(a) The individual to whom the information pertains provides written consent to the disclosure before the information is released to the consumer reporting agency and the consent form discloses the following information:

(A) The consent is voluntary and not required by law;

(B) Refusal to consent to disclosure of wage information shall not be a basis for the denial of credit;

(C) If consent is granted, the individual’s wage information will be released;

(D) The release shall be only for the specific transaction identified in the consent form;

(E) Wage information reported to the state by the individual’s employers will be accessed;

(F) The wage information disclosed will come from state government files; and

(G) All of the parties that may receive the information released;

(b) The consumer reporting agency agrees to comply with all applicable federal and state credit reporting laws, regulations and rules, including, but not limited to, the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., and the regulations promulgated thereunder;

(c) The disclosure is for a purpose authorized by, and occurs in a manner permitted by, the United States Department of Labor;

(d) The consumer reporting agency agrees to comply with the audit standards, security standards, technological requirements and all other terms and conditions, including any net worth and liability insurance requirements, that the Employment Department deems necessary and establishes to safeguard the confidentiality of the wage information released under this section or to otherwise serve the public interest;

(e) Prior to the release of any wage information, the consumer reporting agency pays all development and other start-up costs incurred by the state in connection with implementing systems and procedures for electronic disclosure of wage information;

(f) The consumer reporting agency pays a transaction fee in an amount established by the Employment Department to offset the department’s costs of ongoing support for electronic disclosure of wage information to that consumer reporting agency, including the costs associated with revising incomplete or inaccurate wage records performed for the sole purpose of the specific credit transaction; and

(g) The Employment Department does not bear any liability for:

(A) The improper release of information by the consumer reporting agency; or

(B) The accuracy of wage records reported by employers to the department. [1999 c.401 §2]

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.