Chapter 657 — Unemployment Insurance

657.005 Short title

This chapter shall be known and may be cited as the Employment Department Law.

657.007 Conflict with state law

For purposes of this chapter, if any provision of state law conflicts with any provision of this chapter, this chapter shall control.

657.008 Savings provision; notice to Legislative Counsel of nonconforming law

If the United States Secretary of Labor serves notice that the provisions of any section of this chapter, any amendment to any section of this chapter or rules adopted under any section of this chapter fail to meet the requirements of the Social Security Act or the Federal Unemployment Tax Act, the nonconforming provisions or rules shall no longer be of any …

657.010 General definitions

As used in this chapter, unless the context requires otherwise: “Base year” means the first four of the last five completed calendar quarters preceding the benefit year. “Benefits” means the money allowances payable to unemployed persons under this chapter. “Benefit year” means a period of 52 consecutive weeks commencing with the first week with respect t…

657.015 Employee

As used in this chapter, unless the context requires otherwise: “Employee” means any person, including noncitizens and minors, employed for remuneration or under any contract of hire, written or oral, express or implied, by an employer subject to this chapter in an employment subject to this chapter. “Employee” does not include a person who volunteers or d…

657.020 Employing unit

As used in this chapter, unless the context requires otherwise, “employing unit” means: Any individual or type of organization, including any partnership, association, limited liability company, limited liability partnership, trust, estate, joint stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankru…

657.025 Employer

As used in this chapter, unless the context requires otherwise, “employer” means any employing unit which employs one or more individuals in an employment subject to this chapter in each of 18 separate weeks during any calendar year, or in which the employing unit’s total payroll during any calendar quarter amounts to $1,000 or more. Whenever any helper, as…

657.030 Employment generally; educational, hospital, nursing, student service exclusions

As used in this chapter, except as provided in ORS 657.035, 657.040 and 657.043 to 657.094, “employment” means service for an employer, including service in interstate commerce, within or outside the United States, performed for remuneration or under any contract of hire, written or oral, express or implied. Notwithstanding any other provisions of this chap…

657.035 Employment; effect of place of performance of service

The term “employment” includes an individual’s entire service, performed within, or both within and without, this state if: The service is localized in this state; or The service is not localized in any state, and such service is not covered under the unemployment compensation law of any other state, the Virgin Islands or Canada, and The base of operation…

657.040 Employment; when service for pay excluded; independent contractors

Services performed by an individual for remuneration are deemed to be employment subject to this chapter unless and until it is shown to the satisfaction of the Director of the Employment Department that the individual is an independent contractor, as that term is defined in ORS 670.600. A finding that an individual performed services for an employing unit …

657.042 [1981 c.895 §3; 1983 c.579 §1; repealed by 1989 c.762 §8 and 1989 c.870 §14]

657.043 Employment; golf course caddy service excluded; exceptions

“Employment” does not include service performed by a person as a caddy at a golf course in an established program for the training and supervision of caddies under the direction of a person who is an employee of the golf course. However, the provisions of this section do not apply to services performed for: A nonprofit employing unit; This state; A politi…

657.044 Employment; service by partners and corporate officers and directors who are family members and by certain sole corporate officers and directors excluded; election; exceptions

As used in this chapter, “employment” does not include service performed for: A corporation by corporate officers who: Are directors of the corporation; Have a substantial ownership interest in the corporation; and Are members of the same family. A corporation by an individual who is the sole corporate officer and director of the corporation and who has…

657.045 Employment; agricultural labor excluded; exceptions

“Employment” does not include agricultural labor unless such labor is performed after December 31, 1977, for an employing unit who: During any calendar quarter in the current calendar year or the preceding calendar year paid remuneration in cash of $20,000 or more to individuals employed in agricultural labor; or On each of 20 days during the current calen…

657.046 Employment; operation of taxicab or passenger vehicle for nonemergency medical transportation by owner or lessee of vehicle for entity operated by board of owner-operators; exceptions

As used in this chapter, “employment” does not include service performed in the operation of a passenger motor vehicle that is operated as a taxicab or a passenger motor vehicle that is operated for nonemergency medical transportation, by a person who has an ownership or leasehold interest in the passenger motor vehicle, for an entity that is operated by a b…

657.047 Employment; transportation of logs, poles and piling and lessor of for-hire carriers excluded; exceptions

As used in this chapter, “employment” does not include: Transportation by motor vehicle of logs, poles and piling by any person who both furnishes and maintains the vehicle used in such transportation; or Transportation performed by motor vehicle for a for-hire carrier by any person that leases their equipment to a for-hire carrier and that personally oper…

657.048 [1997 c.294 §2; 2001 c.572 §5; 2005 c.218 §11; repealed by 2021 c.453 §17]

657.050 Employment; domestic service, child care service and certain service not in course of employer’s trade excluded; exceptions

As used in this chapter, “employment” does not include: Domestic service performed in a private home, local college club or local chapter of a college fraternity or sorority, unless the domestic service is performed for an employing unit that paid to individuals employed in the domestic service cash remuneration of $1,000 or more in a calendar quarter in th…

657.053 Employment; certain service on fishing boat excluded

As used in this section: “Fish” includes fish or other forms of aquatic animal life. “Boat” includes one or, in the case of a fishing operation, more than one boat. “Employment” does not include service performed by an individual on a boat engaged in catching fish under an arrangement with the owner or operator of the boat when, under the arrangement: Th…

657.055 [Amended by 1959 c.405 §4; repealed by 1961 c.349 §3]

657.056 Employment; maritime service

“Employment” includes an individual’s entire service as an officer or member of a crew of an American vessel wherever performed and whether in intrastate or interstate or foreign commerce, if the employer maintains within this state at the beginning of the pay period an operating office from which the operations of the vessel are ordinarily and regularly sup…

657.060 Employment; family service and foster care excluded

“Employment” does not include service performed by a person in the employ of a son, daughter, or spouse, and service performed by a child under the age of 18 in the employ of the father or mother. “Employment” does not include service performed as foster care parents certified by the Department of Human Services or approved by a child-caring agency as defin…

657.065 Employment; governmental service excluded; exceptions

“Employment” does not include service performed in the employ of the United States Government or any instrumentality of the United States, except that if the Congress of the United States permits states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment insurance law, then, to the exten…

657.067 Employment; community work and training programs excluded; work study, work experience and work incentive programs excluded; exceptions

As used in this chapter, “employment” does not include service performed or participation by applicants, recipients, beneficiaries, participants, trainees or volunteers: In a community work and training program, as defined in ORS 411.855. In an unemployment work-relief or work-training program when the program is within the meaning of section 3309(b)(5) of…

657.070 [Repealed by 1971 c.463 §20]

657.072 Employment; certain nonprofit services excluded

“Employment” does not include service performed for a nonprofit employing unit by an individual receiving rehabilitation or remunerative work in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, or providing remunerative work f…

657.075 Employment; service under Railroad Unemployment Insurance Act excluded

“Employment” does not include service performed under the Railroad Unemployment Insurance Act (52 Stat. 1094).

657.078 Employment; stringer, correspondent and photographer services for media excluded

“Employment” does not include services performed by an individual as a stringer, correspondent or photographer, for print or broadcast media, who submits information, stories or pictures by the piece or at a flat rate to newspapers, special publications, television or radio if the individual is free from direction and control over the means and manner of pro…

657.080 Employment; news delivery service excluded

“Employment” does not include service performed by an individual: In the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution. In the delivery or distribution of newspapers whose remuneration primarily consists of the difference between the amount the individual…

657.085 Employment; service by certain agents, brokers, producers and salespersons excluded

“Employment” does not include service performed by any person as a newspaper advertising salesperson, real estate broker, principal real estate broker, insurance producer or securities salesperson or agent to the extent that the person is compensated by commission.

657.087 Employment; service by individuals soliciting contracts for home improvements and consumer goods sales excluded

“Employment” does not include service performed: By individuals soliciting contracts for home improvements including roofing, siding and alterations of private homes to the extent that the remuneration consists of commissions, or a share of the profit realized on each contract; or By individuals to the extent that the compensation consists of commissions, …

657.088 Employment; certain sports officiating services excluded; exceptions

As used in this chapter, “employment” does not include officiating services performed by individuals in recreational, interscholastic or intercollegiate sporting events or contests. As used in this section: “Officiating services” means overseeing the play of a sporting event or contest, judging whether the rules are being followed and penalizing participan…

657.090 Employment; petroleum products distributors excluded

“Employment” does not include service performed by an individual or partnership in the wholesale distribution of petroleum products whose remuneration for such service primarily consists of the difference between the amount the individual or partnership pays or is obligated to pay for the petroleum products and the amount the individual or partnership receiv…

657.091 Employment; food product demonstrators excluded

“Employment” does not include service performed by individuals who, on a temporary, part-time basis, demonstrate or give away samples of food products, as part of an advertising or sales promotion for the product, in stores that sell food at retail and who are not otherwise directly employed by the manufacturer, distributor or retailer.

657.092 Employment; nonprofit organization employees and contestants excluded

“Employment” does not include service performed by an individual as a director, designer, performer, musician, technical crew member, house or business person, contestant, beauty queen or member of a court for or on behalf of a nonprofit organization in connection with a symphony, opera, play, pageant, festival, rodeo or similar event operated by such organi…

657.093 Employment; certain services provided in exchange for ski passes excluded

As used in this chapter, “employment” does not include service provided in conjunction with skiing activities or events for a nonprofit employing unit by a person who receives no remuneration other than ski passes for the service provided. The provisions of subsection (1) of this section apply only to the extent permitted by 26 U.S.C. 3306(c)(10)(A).

657.094 Employment; down-river boating activities excluded

“Employment” does not include service performed by an individual in connection with the transportation of the public for recreational down-river boating activities on the waters of this state pursuant to a federal permit when the person furnishes the equipment necessary for the activity. As used in this section, “recreational down-river boating activities” m…

657.095 Payroll

As used in this chapter, unless the context requires otherwise, “payroll” means all wages paid to employees in any employment subject to this chapter. However, for payroll tax purposes pursuant to this chapter, “wages” excludes remuneration received by an employee from each employer in any calendar year that is in excess of an amount obtained by multiplying …

657.097 Political subdivision

As used in this chapter, “political subdivision” means any county, city, district organized for public purposes, or any other political subdivision or public corporation, including any entity organized pursuant to ORS 190.003 to 190.620.

657.100 When individual deemed “unemployed”; exclusions; rules

An individual is deemed “unemployed” in any week during which the individual performs no services and with respect to which no remuneration for services performed is paid or payable to the individual, or in any week of less than full-time work if the remuneration paid or payable to the individual for services performed during the week is less than the indivi…

657.105 Wages; generally

As used in this chapter, unless the context requires otherwise, and subject to ORS 657.115 to 657.140, “wages” means all remuneration for employment, including the cash value, as determined by the Director of the Employment Department under the regulations of the director, of all remuneration paid in any medium other than cash. Notwithstanding the provision…

657.110 [Repealed by 1973 c.300 §15]

657.115 Wages; exclusion of fringe benefits

“Wages” does not include the amount of any payment made to, or on behalf of, an individual or any of the individual’s dependents on account of: Retirement. Sickness or accident disability under a workers’ compensation law. Medical or hospitalization expenses in connection with sickness or accident disability. Death. Dependent care assistance furnished p…

657.117 Wages; inclusion of federal taxes and tips

“Wages” as used in ORS 657.105 includes: The amount of any tax imposed upon an employee and paid by an employer pursuant to sections 3121(a)(6) and 3306(b)(6) of the Internal Revenue Code. Tips reported by the employer pursuant to section 3306 of the Internal Revenue Code.

657.120 Wages; exclusion of retirement benefits

“Wages” does not include the amount of any payment made by an employing unit on behalf of an individual performing service for it for insurance or annuities, or into a fund, to provide for any such payment, on account of retirement.

657.125 Wages; exclusion of disability benefits

“Wages” does not include the amount of any payment made on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, by an employing unit to, or on behalf of, an individual performing service for it after the expiration of six calendar months following the last calendar month in whi…

657.130 Wages; exclusion of payments from certain trusts and annuities

“Wages” does not include the amount of any payment made by an employing unit to, or on behalf of, an individual performing service for it, or the individual’s beneficiary: From or to a trust exempt from tax under section 401(a) of the United States Code at the time of such payment unless such payment is made to an individual performing service for the trust…

657.135 Wages; exclusion of payments to persons over 65

“Wages” does not include the amount of any payment, other than vacation or sick pay, made to an individual after the month in which the individual attains the age of 65 years, if the individual did not work for the employing unit in the period for which such payment is made.

657.140 Wages; exclusion of assistance to individuals under community work and training program

As used in this chapter, “wages” or “remuneration” does not include the amount or value of public assistance provided in cash or in kind in consequence of participation in a community work and training program, as defined in ORS 411.855.

657.142 Inclusion of split week in calendar quarter; rules

The Director of the Employment Department may prescribe by rule that a week shall be in, within or during the calendar quarter that includes the greater part of the week. BENEFITS AND CLAIMS (Income Tax Matters)

657.144 Notice to individual of effect of filing claim for benefits; earned income tax credits

An individual filing a new claim for benefits under this chapter shall, at the time the claim is filed with the Employment Department, be advised that: Benefits are subject to federal and state income tax; Federal and state law may require that a recipient of benefits make quarterly estimated tax payments during the tax year in which the benefits are recei…

657.145 [1977 c.447 §2; repealed by 1983 c.508 §14]

657.146 Withholding from benefits for tax purposes; rules

A claimant may elect to have an amount withheld from benefits otherwise payable to the claimant. An election made under this section shall be on such form and in such manner as prescribed by the Employment Department. A claimant making an election under this section may terminate the election at any time. The amount to be withheld by the Employment Depart…

657.148 Compliance with federal requirements for collection and payment of federal taxes

For purposes of ORS 657.144 (1) and 657.146, the Employment Department shall follow the procedures and regulations adopted by the United States Department of Labor and the federal Internal Revenue Service that relate to the collection and payment of federal income tax withholding amounts on benefits paid to individuals under this chapter. (Generally)

657.150 Amount of benefits; length of employment and wages necessary to qualify for benefits; rules

An individual shall be paid benefits for weeks during the benefit year in an amount that is to be determined by taking into account the individual’s work in subject employment in the base year as provided in this section. To qualify for benefits an individual must have: Worked in subject employment in the base year with total base year wages of $1,000 or m…

657.152 Adjusting benefits to even dollar amounts

Notwithstanding any other provision of this chapter to the contrary, any amount of unemployment compensation payable to any individual for any week if not an even dollar amount, shall be rounded to the next lower full dollar amount.

657.153 Back pay not to be reduced by benefits received; exception for strikes

Except as provided in subsection (2) of this section, the amount of back pay paid by an employer, or awarded by a judge or arbitrator, to an individual may not be reduced to reflect the amount of benefits that the individual received for the period for which the back pay was paid or awarded. Subsection (1) of this section does not apply to back pay paid to …

657.155 Benefit eligibility conditions; rules

An unemployed individual shall be eligible to receive benefits with respect to any week only if the Director of the Employment Department finds that: The individual has registered for work at and thereafter has continued to report at an employment office in accordance with such rules as the director may prescribe. However, the director may, by rule, waive o…

657.156 Reemployment service assistance; eligibility; rules

The Employment Department shall: Identify eligible individuals who are likely to exhaust benefits payable under ORS 657.150 and who will need reemployment service assistance to make a successful transition to new employment; and Refer individuals identified under paragraph (a) of this subsection for any reemployment services available under state or federa…

657.157 [1989 c.897 §3; repealed by 1995 c.104 §2]

657.158 Self-employment assistance; eligibility; amounts payable; rules

As used in this section: “Regular benefits” means benefits payable to an individual under this chapter, including benefits payable to federal civilian employees and to ex-servicemembers under 5 U.S.C. chapter 85. “Regular benefits” does not mean additional benefits payable under ORS 657.331 to 657.334 or extended benefits payable under ORS 657.321 to 657.3…

657.159 Claimants required to submit job qualifications to Oregon State Employment Service; use of information; referring claimant to available jobs

To satisfy the registration requirements of ORS 657.155 (1), an unemployed individual who submits a claim for benefits, at the request of the Director of the Employment Department or an authorized representative of the director, shall submit to the Oregon State Employment Service information regarding the individual’s job qualifications, training and experie…

657.160 [Amended by 1959 c.643 §1; 1961 c.209 §1; 1965 c.213 §1; 1967 c.230 §1; 1969 c.75 §1; repealed by 1973 c.398 §3]

657.165 Waiting period eligibility, condition, limitation

No week shall be counted as a week of unemployment for the purposes of ORS 657.155 (1)(d): Unless it occurs within the benefit year that includes the week for which the unemployed individual claims payment of benefits. If benefits have been paid with respect thereto. Unless the unemployed individual was eligible for benefits with respect thereto as provid…

657.167 Amount and time period for payment of benefits to educational institution employees

Benefits based on service in an instructional, research or principal administrative capacity for an educational institution or institution of higher education shall be payable to an individual in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter, except that benefit…

657.170 Extending base year; limitation

If the Director of the Employment Department finds that during the base year of the individual any individual has been incapable of work during the greater part of any calendar quarter, such base year shall be extended a calendar quarter. Except as provided in subsection (2) of this section, no such extension of an individual’s base year shall exceed four ca…

657.173 Alternate base year; rules

Notwithstanding ORS 657.010 (1), in the case of an individual who is not eligible for benefits under ORS 657.150 (2) using the definition in ORS 657.010 (1), “base year” means the last four completed calendar quarters preceding the benefit year, if use of this alternate definition of “base year” makes the individual eligible for benefits under ORS 657.150 (2…

657.175 [Repealed by 1955 c.655 §8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]

657.176 Grounds and procedure for disqualification; exceptions; rules

An authorized representative designated by the Director of the Employment Department shall promptly examine each claim to determine whether an individual is subject to disqualification as a result of a separation, termination, leaving, resignation or disciplinary suspension from work, or as a result of failure to apply for or accept work, and shall promptly …

657.178 [1959 c.643 §4; repealed by 1973 c.398 §3]

657.179 Eligibility of individuals participating in certain federally approved training

Notwithstanding provisions of this chapter relating to being available for work, actively seeking work or refusing to accept work, an unemployed individual otherwise eligible for unemployment insurance benefits shall not be denied benefits because the individual is in training approved under Section 236 (a)(1) of the Trade Act of 1974; nor shall such individ…

657.180 [Repealed by 1955 c.655 §8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]

657.181 [1955 c.655 §10 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185); 1957 c.699 §3; repealed by 1959 c.643 §5]

657.182 [1961 c.207 §1; 1971 c.743 §404; repealed by 1973 c.398 §3]

657.184 Benefits payable for service by noncitizens

Benefits shall not be paid on the basis of services performed by a noncitizen unless the noncitizen is an individual who was lawfully admitted to the United States for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law…

657.185 [Repealed by 1955 c.655 §8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]

657.186 Benefits payable for service by athletes

Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week of unemployment which commences during the period between two successive sport seasons if the individual performed such services in the first seaso…

657.190 Suitable work; factors to consider

In determining whether any work is suitable for an individual, the Director of the Employment Department shall consider, among other factors, the degree of risk involved to the health, safety and morals of the individual, the physical fitness and prior training, experience and prior earnings of the individual, the length of unemployment and prospects for sec…

657.195 Suitable work; exceptions

Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions: If the position offered is vacant due directly to a strike, lockout or other labor dispute. If the remuneration, hour…

657.200 Benefits during lockout or strike

Notwithstanding the provisions of this chapter relating to availability for work, actively seeking work or refusal to accept suitable work, an individual who is otherwise eligible for benefits is not disqualified for benefits or waiting week credit for any week with respect to which the Director of the Employment Department finds that the unemployment of the…

657.202 Temporary lockout benefits

As used in this section, “temporary lockout benefits” means benefits payable as provided in this section to individuals who are unemployed due to a lockout. An individual is eligible to receive temporary lockout benefits for a week in an amount equal to the weekly benefit amount of the individual’s most recent unemployment benefit claim if: Prior to the we…

657.203 Benefits charged to school district or education service district during labor dispute

Benefits charged to a school district or an education service district for weeks during a labor dispute shall count toward the total compensation in the applicable collective bargaining agreement of the employee who received the benefits. The district shall deduct from the employee’s future wages the amount of the benefits so charged. Note: 657.203 was add…

657.205 Deduction of retirement pay; exceptions

Subject to the provisions of subsections (2) to (5) of this section, an individual is disqualified for benefits for any week with respect to which the individual is receiving, will receive, or has received a governmental or other pension, retirement or retired pay, annuity, or other similar periodic payment based on the previous work of the individual, if pa…

657.210 Disqualification in other jurisdictions

An individual is disqualified for benefits for any week with respect to which or a part of which the individual has received, will receive or is claiming unemployment benefits under an unemployment insurance law of another state, the United States or any other governmental jurisdiction. However, if the appropriate agency of such other state, the United State…

657.213 Ineligibility for benefits upon conviction of fraud in obtaining benefits

Upon conviction of any person by a court of competent jurisdiction of willfully making a false statement or misrepresentation, or willfully failing to report a material fact, to obtain any benefits under this chapter, in addition to any penalties imposed by the court, such person shall: Be ineligible for benefits based upon wages paid to the person in the c…

657.215 Disqualification for misrepresentation

An individual is disqualified for benefits for a period not to exceed 52 weeks whenever the Director of the Employment Department finds that the individual has willfully made a false statement or misrepresentation, or willfully failed to report a material fact, to obtain any benefits under this chapter. The length of the period of disqualification and the ti…

657.220 [Repealed by 1955 c.655 §25]

657.221 Benefits payable to nonprofessional educational institution employees

Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution or institution of higher education shall be payable to an individual in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapte…

657.222 [1983 c.528 §8; repealed by 2009 c.11 §83]

657.225 [Repealed by 1955 c.655 §25]

657.230 [Repealed by 1955 c.655 §25]

657.235 [Repealed by 1955 c.655 §25]

657.240 [Repealed by 1955 c.655 §25]

657.245 [Repealed by 1955 c.655 §25]

657.250 [Repealed by 1957 c.699 §12]

657.255 Method of payment of benefits; payment of benefits due deceased person; rules

Benefits shall be payable from the fund and shall be paid through employment offices, in accordance with such regulations as the Director of the Employment Department may prescribe. In the event of the death of any person to whom benefits are due under this chapter, but which benefits remain unpaid in whole or in part, such benefits may be paid to any perso…

657.260 Filing claims for benefits; employer to post statements concerning claim regulations; rules

Claims for benefits shall be filed in accordance with such regulations as the Director of the Employment Department may prescribe. Each employer shall post and maintain printed statements concerning such regulations or such other matters as the director may by regulation prescribe in places readily accessible to individuals in the employer’s service and sha…

657.262 Information provided by public employer to employees

An employer listed in subsection (2) of this section: May not inform an employee of the employer that the employee is ineligible for benefits unless the Director of the Employment Department has reviewed the employee’s claim for benefits and determined that the employee is ineligible for benefits. Shall provide employees with any information about eligibil…

657.265 Notice of claim filing to employing unit or agent of employing unit

When a claimant files an initial claim or an additional claim, the Employment Department promptly shall give written notice of the claim filing to the claimant’s most recent employing unit or agent of the employing unit. If the claimant did not receive or will not receive remuneration from qualifying employment, as described in ORS 657.176, in an amount grea…

657.266 Initial determination of eligibility and amount of benefits; notice to affected parties; cancellation of determination; determination becomes final when hearing not requested

An authorized representative shall promptly examine each new claim for benefits and, on the basis of information available, determine the total amount of wages paid to the claimant during the base year and whether or not such amount is sufficient to qualify the claimant for benefits and, if so, the weekly benefit amount payable to the claimant, the maximum a…

657.267 Allowing or denying claim; notice of denial; amended decision; appeal

An authorized representative shall promptly examine each claim for waiting week credit or for benefits and, on the basis of the facts available, make a decision to allow or deny the claim. Information furnished by the claimant, the employer or the employer’s agents on forms provided by the Employment Department pursuant to the authorized representative’s exa…

657.268 Filing information on issues not previously decided; claim reexamination; notice of reasons for decision

When a base-year employer files information in writing with the Director of the Employment Department within 10 days of its knowledge of an occurrence raising any issue not previously decided based upon specific investigation, an authorized representative shall promptly reexamine the subject claim for waiting week credit or for benefits. On the basis of the …

657.269 Decision final unless hearing requested

Unless the claimant or one of the employing units or agents of the employing units entitled to notice under ORS 657.267 or 657.268 files a request for hearing upon the decision with the Director of the Employment Department in a timely manner as determined under subsection (2) of this section, the decision is final and benefits must be paid or denied accordi…

657.270 Hearing upon decision; application for review; dismissal of request for hearing

When a request for hearing upon the claim has been filed, as provided in ORS 657.266 to 657.269, an administrative law judge from the Office of Administrative Hearings established under ORS 183.605 shall be assigned to conduct the hearing. The Director of the Employment Department shall notify the parties to the hearing requested under subsection (1) of thi…

657.273 Restriction on use of findings, orders and judgments in other proceedings

Notwithstanding ORS 43.130 and 43.160, the decisions, findings, conclusions, final orders and judgments that arise out of hearings under ORS 657.270, review proceedings under ORS 657.275 and judicial review proceedings under ORS 657.282: May not be used for the purpose of claim preclusion or issue preclusion in any other action or proceeding except an admin…

657.275 Review by Employment Appeals Board

If the Director of the Employment Department or any interested party files with the Employment Appeals Board a timely application for review, the board shall promptly affirm, modify or set aside the decision of the administrative law judge. The board shall promptly notify the claimant and any other interested party of its decision. If the board finds that ad…

657.280 General procedure and records concerning disputed claims

The manner in which disputed claims shall be presented and the reports thereon required from the claimant and from the employers shall be in accordance with the regulations prescribed by the Director of the Employment Department. A full and complete record shall be kept of all proceedings in connection with the disputed claim. All testimony at any hearing u…

657.282 Judicial review of decisions under ORS 657.275

Judicial review of decisions under ORS 657.275 shall be as provided for review of orders in contested cases in ORS chapter 183, except that the petition shall be filed within 30 days after the order is served. The Director of the Employment Department may file petition for judicial review in accordance with this section from decisions of the Employment Appea…

657.285 [Amended by 1959 c.583 §19; repealed by 1971 c.734 §21]

657.290 Continuous jurisdiction of director; reconsideration of previous decisions

The Director of the Employment Department, upon motion of the director or upon application of any party to a claim for benefits, may at any time reconsider any final decision under this chapter. Reconsideration may occur when there is evidence of: Errors of computation; Clerical errors; Misinformation provided a party by the Employment Department; Facts …

657.295 Witness fees; disputed claim expenses; counsel; fees

Witnesses other than parties subpoenaed in proceedings involving ORS 657.265, 657.266 to 657.269, 657.270 to 657.280 or 657.290 shall be allowed fees at a rate fixed by the Director of the Employment Department. Fees and all expenses of proceedings before the director or the Employment Appeals Board involving disputed claims, excepting charge for services re…

657.300 False statements or failure to report material fact by employer

No employer or employer’s agent shall intentionally and willfully make or cause to be made false statements or willfully fail to report a material fact regarding the claim of a claimant or regarding a claimant or claimant’s eligibility for benefits under this chapter.

657.305 [Amended by 1955 c.655 §16; repealed by 1971 c.743 §432]

657.306 Combining decision on claim for benefits with decision on recovery of benefits

The Director of the Employment Department or an authorized representative designated by the director may combine a decision under ORS 657.266, 657.267 or 657.268 with a decision under ORS 657.310 or 657.315.

657.310 Repayment or deduction of benefits due to misrepresentation or receipt of back pay to resolve strike; director discretion; penalty for fraud; time limits on collection; civil action by director; disposition of amounts collected; rules

This section applies to an individual who, according to a decision of the Director of the Employment Department, received any benefits to which the individual is not entitled because the individual: Regardless of the individual’s knowledge or intent, made or caused to be made a false statement or misrepresentation of a material fact, or failed to disclose a…

657.312 Offset of moneys owed to debtor by federal and state governments against certain benefit overpayments; fees; rules

The Director of the Employment Department may enter into an intergovernmental agreement with the federal government for the purposes of: Offsetting against liquidated state debt moneys that the federal government owes to the debtor; and Sharing information as necessary to make offsets under paragraph (a) of this subsection. The director may request an off…

657.315 Deduction of benefits paid in error not due to recipient fault; director discretion; civil action by director

If the Director of the Employment Department decides that an individual has been paid benefits to which the individual is not entitled because of an error not due to the individual providing a false statement or misrepresentation of a material fact or not disclosing a material fact, or because an initial decision to pay benefits is subsequently reversed by a…

657.317 Waiver of recovery of overpaid benefits; director discretion; liability extinguished

The Director of the Employment Department shall waive recovery of overpaid benefits under ORS 657.315 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. Except as provided in paragraph (b) of this subsection, the director may w…

657.320 Cancellation of unrecoverable benefits

If any amount paid to an individual as benefits, for which the individual has been found liable under the provisions of ORS 657.310 to repay or to have deducted from benefits payable, has neither been repaid nor deducted within a period of five years following the date the decision establishing the overpayment became final, and is equal to or is less than th…

657.321 Definitions for ORS 657.321 to 657.329

As used in ORS 657.321 to 657.329 unless the context requires otherwise: “Eligibility period” of an individual means: The period consisting of the weeks in the individual’s benefit year that begin in an extended benefit period and, if the benefit year ends within the extended benefit period, any subsequent weeks that begin in the extended benefit period; o…

657.323 ORS 657.321 to 657.329 supersede inconsistent provisions of this chapter

The provisions of this chapter relating to the payment of regular benefits shall apply to claims for and the payment of extended benefits, except when the result would be inconsistent with the provisions of ORS 657.321 to 657.329.

657.325 Extended benefits; eligibility; amount

An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual’s eligibility period only if the Director of the Employment Department finds that with respect to such week the individual: Is an exhaustee; Has satisfied the requirements of this chapter for the receipt of regular benefits that are appli…

657.326 Adjustment of extended benefits to be received when benefit year ends within extended benefit period

Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit ye…

657.327 Notice of effectiveness of extended benefits; employers not to be charged for extended benefits

Whenever an extended benefit period is to become effective in this state as a result of a state “on” indicator, or an extended benefit period is to be terminated in this state as a result of a state “off” indicator, the Director of the Employment Department shall make an appropriate public announcement. No employer’s account shall be charged for extended be…

657.328 Eligibility period adopted by rule

For purposes of ORS 657.321 to 657.329, the Employment Department may adopt rules providing for an eligibility period that begins in an extended benefit period after an individual’s benefit year has ended if federal law provides for funding that is greater than 50 percent of extended benefits. Note: 657.328 was added to and made a part of ORS chapter 657 by…

657.329 Applicability of ORS 657.321 to 657.329

ORS 657.321 to 657.329 shall apply to individuals meeting the requirements thereof for the week ending January 16, 1971, and any week thereafter.

657.330 [1969 c.156 §2; 1971 c.82 §1; renumbered 657.337 in 1989]

(Additional Benefits)

657.331 “Additional benefits” and “additional benefit period” defined

As used in ORS 657.331 to 657.334: “Additional benefits” means benefits totally financed by the state and payable under this chapter to exhaustees by reason of conditions of high unemployment. “Additional benefit period” means a period not within an extended benefit period that: Begins with the third week after a week for which there is a state additional…

657.332 Eligibility for benefits; maximum amount

During an additional benefit period an individual who has exhausted regular benefits pursuant to this chapter with respect to a week which begins subsequent to August 9, 1983, and who continues to otherwise meet the eligibility requirements for regular benefits under the provisions of this chapter, and who is not eligible for any other unemployment benefits,…

657.333 Charging employer’s account for benefits; reimbursing employer payments

An employer’s account may not be charged for additional benefits paid to an unemployed individual under ORS 657.331 to 657.334. However, nothing in this section shall be construed to relieve the state, reimbursing political subdivisions, reimbursing nonprofit employers or reimbursing Indian tribes from paying into the Unemployment Compensation Trust Fund an …

657.334 Limitation on period for which benefits paid

Additional benefits may be paid under the provisions of ORS 657.331 to 657.334 only with respect to weeks not within an extended benefit period, and not within a period covered by any federal law allowing the filing of new claims extending benefits beyond those provided for as regular or extended benefits. DISLOCATED WORKER PROGRAM

657.335 Definitions for ORS 657.335 to 657.360

As used in ORS 657.335 to 657.360: “Career and technical training” means training or retraining and basic education, including literacy skills, designed to prepare individuals for gainful employment in recognized or new occupations or to prepare individuals to become self-employed. “Career and technical training” does not include programs of instruction for…

657.337 [Formerly 657.330; 1991 c.685 §5; 1993 c.624 §2; 1993 c.765 §12; 1995 c.495 §1; 1997 c.61 §9; 2001 c.684 §29; 2001 c.866 §1; 2003 c.536 §2; 2005 c.174 §1; 2009 c.94 §24; repealed by 2009 c.115 §11]

657.340 Eligibility for benefits

Dislocated workers approved for career and technical training may not be denied unemployment insurance benefits solely because they are attending career and technical training, nor shall such individual be denied benefits by reason of leaving work to enter such training if the work left was part-time or temporary or paid less than 80 percent of the individua…

657.342 [1991 c.685 §12; repealed by 2009 c.115 §11]

657.345 Approval of programs by director

Individuals who are identified as dislocated workers under the federal Workforce Innovation and Opportunity Act, and implementing regulations, and who attend training programs identified under the Act shall be considered to be in approved career and technical training. The training shall be for occupations or skills for which there are or are expected to be …

657.350 Rules for administering training program

The Higher Education Coordinating Commission shall promulgate rules as necessary for the administration of ORS 657.335 to 657.360, including but not limited to procedures for approval, undertaking periodic reviews for continued approval, or for disapproval of career and technical training for an individual.

657.355 Denial of benefits to trainees subject to review

Notice, hearing, and review of a decision to approve or disapprove an application of an individual or to deny continued approval of an individual’s participation under ORS 657.335 to 657.360 shall be subject to the provisions of ORS 657.265, 657.266 to 657.269 and 657.270 to 657.282.

657.357 Apprenticeship program participants eligible for benefits; conditions

Notwithstanding ORS 657.335 to 657.360 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: Is not ineligible for the benefits or waiting week credit sole…

657.360 When employer charged for benefits

Except for benefits paid pursuant to ORS 657.357, no employer’s account shall be charged for benefits paid to an unemployed individual during the period such individual is enrolled in and attending such program of instruction. SHARED WORK PLANS

657.370 Definitions for ORS 657.370 to 657.390

As used in ORS 657.370 to 657.390, unless the context requires otherwise: “Affected employee” means an individual who is employed as a member of an affected group by the shared work employer, other than on a seasonal, temporary or intermittent basis, immediately preceding the submission by the employer of the shared work plan. “Affected group” means three …

657.375 Plan applications; approval by director

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. The director may give written approval of a shared work plan only if it: Provides a description of how the requirements of the shared work unemployment benefit program w…

657.380 Eligibility of employees; benefit limitation

Notwithstanding any other provision of this chapter, for the purposes of ORS 657.370 to 657.390, 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: During the week the individual …

657.385 Method of paying benefits; amount; applicability of law to shared work plans; rules

An individual who is eligible for shared work benefits under ORS 657.370 to 657.390 shall be paid, with respect to any week of unemployment, a weekly shared work unemployment insurance benefit amount. Such amount shall be equal to the individual’s regular weekly benefit amount multiplied by the nearest full percentage of reduction of the individual’s regular…

657.390 Employer charged for benefits in same manner as for regular or extended benefits; limitations

A shared work employer shall be charged for shared work benefits in the manner provided in this chapter for charging employers for regular benefits or extended benefits. Notwithstanding subsection (1) of this section or any other provision of law to the contrary, a shared work employer may not be charged for any portion of shared work benefits paid with res…

657.392 Benefits subject to recovery as lien on real or personal property

If an individual is liable to repay benefits under ORS 657.310, the amount liable to be repaid, interest and penalties due shall be a lien in favor of the Director of the Employment Department upon all property, whether real or personal, belonging to such individual. The lien shall be perfected and attach: To real and personal property located within the c…

657.394 Filing of lien statement or warrant

Any warrant attaching the lien under ORS 657.392 may also be filed in the office of the Secretary of State. Filing in the office of the Secretary of State shall have no effect until a copy of the statement of lien or the warrant has been recorded with the county clerk. When a copy of the statement of lien or the warrant is filed with the Secretary of State …

657.396 Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff

In any case in which the Director of the Employment Department may bring a civil action for the collection of amounts liable to be repaid under ORS 657.310, interest on those amounts or penalties, the Employment Department may instead: Assess a collection charge of $5 if the amount liable to be repaid, the interest then due or the penalty exceeds $10. Issu…

657.398 Release, compromise or satisfaction of lien

Any lien provided for in ORS 657.392 and 657.394 may be released, compromised or satisfied by the Director of the Employment Department, and the property against which a lien is claimed shall be released therefrom by filing a notice of such release or satisfaction with the county clerk of the county in which the notice of lien claim was filed.

657.400 Employment Department Special Fraud Control Fund; use of funds; Lost Wages Assistance benefit overpayments

There is established in the State Treasury, separate and distinct from the General Fund, the Employment Department Special Fraud Control Fund. The Employment Department Special Fraud Control Fund shall consist of moneys collected or received by the Employment Department as follows: Interest and penalties described under ORS 657.310 (8)(b). All gifts to, in…

657.405 “Computation date” defined for ORS 657.430 to 657.462 and 657.471 to 657.485

As used in ORS 657.430 to 657.462 and 657.471 to 657.485, “computation date” means the June 30 preceding the calendar year for which tax rates are to be effective.

657.410 Minimum wage for employee without fixed wage

For the purpose of determining the contribution of an employer, if a worker is not employed at a fixed wage, after a fair hearing, the Director of the Employment Department may establish a minimum wage at which such worker shall be carried on the payroll of the employer.

657.415 When employer ceases to be subject to this chapter

No employer subject to this chapter shall cease to be subject except upon a written application and after a finding by the Director of the Employment Department that the employer did not, during and since the preceding calendar year, have sufficient employment or payroll to qualify as an employer as defined in this chapter. The employer shall cease to be su…

657.419 [2001 c.185 §2; repealed by 2007 c.48 §1]

657.420 [Repealed by 1981 c.5 §3]

657.425 Election of coverage for services that do not constitute employment as defined in this chapter

Any employing unit, for which individuals perform services that are not employment subject to this chapter, may file with the Director of the Employment Department a written election that all such excluded services are employment for all the purposes of this chapter. Notwithstanding subsection (1) of this section: A nonprofit employing unit, a state agency…

657.426 Professional employer organizations; payroll reporting; charging of benefits; excess wages; election

Notwithstanding any other provision of this chapter, during the term of a PEO relationship, the professional employer organization shall elect to treat covered employees as either employees of: The professional employer organization; or The client employer. Notwithstanding any other provision of law, if a professional employer organization elects to treat…

657.430 Tax rates based on experience

Subject to ORS 657.480 and the conditions and exceptions contained in this chapter, the Director of the Employment Department shall, for each calendar year, determine the tax rates applicable to each employer on the basis of the actual experience of the employing enterprises of the employer with respect to benefits paid to unemployed individuals on account o…

657.435 Base rate for first year

For each calendar year, an employer’s tax rate shall be that rate assigned in this section to the applicable schedule I through VIII of Table A, ORS 657.462 in effect for such calendar year unless and until there have been 12 consecutive months immediately preceding the computation date, except as otherwise provided, throughout which the employer’s account h…

657.439 [1985 c.409 §2; 1989 c.554 §1; 1995 c.213 §1; 2001 c.885 §1; 2005 c.183 §6; 2021 c.638 §6; repealed by 2024 c.76 §4]

657.440 [Repealed by 1957 c.699 §12]

657.445 [Repealed by 1957 c.699 §12]

657.450 [Repealed by 1957 c.699 §12]

657.451 [1955 c.655 §20; 1957 c.699 §6; 1959 c.606 §2; repealed by 1967 c.434 §2]

657.455 [Amended by 1955 c.655 §21; 1959 c.606 §3; repealed by 1963 c.302 §4]

657.457 Penalty when employer fails to file contribution reports and pay contributions when due; notice of failure; waiver; rules

For each year after December 31, 1993, an employer shall pay a penalty equal to one percent of the employer’s taxable payroll in the preceding calendar year if the employer has failed prior to September 1 to: File all tax reports as required by the Director of the Employment Department; or Pay all taxes due. On or before June 30, the director shall send a…

657.458 Definitions for employer tax rate computations; exclusion of calendar years 2020 and 2021

As used in this chapter unless the context requires otherwise: “Adjusted average weekly check amount” means the average weekly check amount in a calendar year plus one-half of the increase in the maximum weekly benefit amount plus one-half of the increase in the minimum weekly benefit amount from the week including July 4 immediately preceding such calendar…

657.459 Computation of Fund Adequacy Percentage Ratio

For the purpose of computing employer tax rates, the Director of the Employment Department, or the director’s authorized representative, shall compute a “Fund Adequacy Percentage Ratio.” This computation shall be made in September of each year and shall be the ratio of the amount in the Unemployment Compensation Trust Fund, as of August 31 preceding the comp…

657.460 [Repealed by 1959 c.606 §4]

657.461 [1967 c.434 §5 (enacted in lieu of 657.464) repealed by 1969 c.157 §1 (657.458 and 657.459 enacted in lieu of 657.461)]

657.462 Computation of benefit ratio; grouping employers within cumulative taxable payroll percentage limits; assignment of rates; tax schedules; disposition of portion of taxes to certain administrative funds

The Director of the Employment Department or the director’s authorized representative shall, for each calendar year, compute a benefit ratio for each employer who meets the requirements of this section. For an employer whose record has been chargeable with benefits throughout the 12 preceding calendar quarters ending on the computation date, the benefit rat…

657.463 [2005 c.183 §2; 2021 c.638 §8; repealed by 2024 c.76 §4]

657.464 [1963 c.302 §3; repealed by 1967 c.434 §4 (657.461 enacted in lieu of 657.464)] 657.465 [Repealed by 1955 c.655 §22 (657.466 enacted in lieu of 657.465)]

657.466 [1955 c.655 §23 (enacted in lieu of 657.465); 1957 c.699 §9; renumbered 657.471]

657.467 Amounts included in fund adequacy percentage ratio computations

Notwithstanding the payment of regular and extended unemployment insurance benefits to employees of employing units which reimburse the fund in lieu of taxes from moneys in the Unemployment Compensation Trust Fund, such moneys shall be included with the balance in the Unemployment Compensation Trust Fund in any computation of a fund adequacy percentage ratio…

657.468 [1971 c.56 §2; repealed by 1975 c.354 §4]

657.470 [Repealed by 1963 c.302 §4]

657.471 Manner of charging benefits to employer; request for relief from charges

Except as otherwise provided in this section, benefits paid to an eligible individual shall be charged to each of the individual’s employers during the base year in the same proportion that the wages paid by each employer to the individual during the base year bear to the wages paid by all employers to that individual during that year. The account of an emp…

657.472 [1957 c.699 §8(3); repealed by 1963 c.354 §1 (657.552, 657.652, 657.679, 657.681 and 657.683 enacted in lieu of 657.472, 657.512, 657.550 and 657.672)]

657.473 Statement of benefits charged to employer’s account

Employers subject to this chapter may be furnished, upon written request, a statement of benefits charged to their accounts at such times and in such form as may be determined by the Director of the Employment Department. Nothing in this section shall in any way be construed as to relieve an employer’s account from benefit charges nor to grant any appeal the…

657.475 Where a number of the same workers are normally employed by several employers; records; contributions; charging benefits

Where a number of workers are normally employed in employment in the course of a year by several employers, such employers, with the approval of the Director of the Employment Department, may appoint an agent who shall maintain such records and prepare and file such returns and reports as are required under this chapter in respect to such workers, including …

657.477 Related corporations as common paymaster; treatment of compensation for services

For purposes of this chapter, if two or more related corporations concurrently employ the same individual and compensate such individual through a common paymaster which is one of such corporations, each such corporation shall be considered to have paid as remuneration to such individual only the amounts actually disbursed by it to such individual, and shall…

657.480 Effect of transfer of trade or business; partial transfer; penalties; rules

If an employer transfers its trade or business or a portion of its trade or business to another employer, the portion of unemployment experience attributable to the transferred trade or business shall be transferred to the acquiring employer. If a person is not an employer when the person acquires a trade or business or a portion of a trade or business of a…

657.485 Notice of rate; request for hearing; procedure for redetermination

An employer, when notified that the employer has been determined an employer subject to this chapter, shall also be notified of the tax rate for the employer as determined pursuant to this chapter. Such tax rate shall become conclusive and binding upon the employer unless within 20 days after the mailing of the notice to the last-known address of the employe…

657.487 Judicial review of decisions under ORS 657.485

Judicial review of decisions or orders under ORS 657.485 shall be as provided for review of orders in contested cases in ORS chapter 183, except that the petition shall be filed within 20 days after the order is final. The Director of the Employment Department may file petition for judicial review in accordance with this section from decisions of the adminis…

657.490 Employer or employee has no prior right to employer’s contributions

This chapter shall not be construed to grant any employer or any individual in the service of the employer prior claims or rights to the amount paid by the employer into the fund.

657.495 Fraud in lowering contributions

No person shall willfully make a false statement or misrepresentation to lower contributions paid to the fund. COLLECTION OF TAXES

657.504 Applicability of noncharging provisions

The noncharging provisions of this chapter, including but not limited to ORS 657.327, 657.360, 657.471 and 657.770, do not apply to employers making reimbursement payments or payments in lieu of taxes in accordance with ORS 657.505. The noncharging provisions of this chapter apply to taxpaying Indian tribes, except that, notwithstanding ORS 657.327, one-hal…

657.505 Payment of and liability for taxes; rules

On and after January 1, 1936, taxes shall be payable by each employer then subject to this chapter. Taxes shall become payable by any other employer on and after the date on which the employer becomes subject to this chapter. An employer shall be liable for taxes on all wages paid for services performed on or after the first day of a calendar quarter. Taxe…

657.506 [1965 c.392 §2; 1977 c.538 §9; 1983 c.545 §1; 2001 c.572 §13; 2005 c.218 §17; repealed by 2009 c.74 §1]

657.507 Employer’s security for payment of contributions

If upon satisfactory evidence the Director of the Employment Department finds it necessary for the protection of the Unemployment Compensation Trust Fund, the director may require any employer subject to this chapter, except the state, including every state officer, board, commission, department, institution, branch, agency or political subdivision, to depos…

657.508 Failure to comply with ORS 657.507

If an employer fails to comply with ORS 657.507, the circuit court of the county in which the employer resides or in which the employer engages in business shall, upon the commencement of a suit by the Director of the Employment Department for that purpose, enjoin the employer from further employing individuals in this state or continuing in business therein…

657.509 Taxes from political subdivisions and people’s utility districts; election; effect of canceling election; applicability of noncharging provisions

Instead of the amount to be paid into the fund under provisions of ORS 657.505 (6), a political subdivision may elect to pay taxes in accordance with the provisions of ORS 657.430 and 657.480. The election shall be on forms prescribed by the Director of the Employment Department and must be filed within the 30-day period following the close of the calendar q…

657.510 Refunds

If not later than three years after the date on which any contributions, interest, fines or penalties were paid pursuant to this 1965 Act, an employer who has paid such contributions, interest, fines or penalties makes application for an adjustment thereof in connection with subsequent contributions, interest, fine or penalty payments, or for a refund thereo…

657.511 [1973 c.810 §5; repealed by 1977 c.538 §14]

657.512 [1959 c.598 §4; repealed by 1963 c.354 §1 (657.552, 657.652, 657.679, 657.681 and 657.683 enacted in lieu of 657.472, 657.512, 657.550 and 657.672)]

657.513 Political subdivision contribution payments from Local Government Employer Benefit Trust Fund

A political subdivision required to make payments into the Unemployment Compensation Trust Fund under ORS 657.505 may request the Director of the Employment Department to pay on behalf of the political subdivision such amounts as the political subdivision is required to pay into the fund. The employer may request the director to pay on its behalf such amount…

657.515 Delinquent taxes; interest; civil penalties; collection by civil action; settlement

If an employer defaults with respect to any payment required to be made by the employer to the Unemployment Compensation Trust Fund, the taxes at any time due, together with interest thereon and penalties, shall be collected by the Director of the Employment Department in a civil action against such employer brought in the name of the director and judgment r…

657.516 Liability of certain officers, members, partners and employees for amounts in default

In the case of default by an employer, as provided in ORS 657.515, a person described in subsection (2) of this section who, as an officer, member, partner or employee, is under a duty to perform the actions required by employers under this chapter shall be personally liable for amounts due under this chapter. More than one person may be jointly and severall…

657.517 Authority of director to compromise or adjust debts or overpayments; determination of uncollectible amounts

When in the judgment of the Director of the Employment Department the best interests of the Employment Department are served, the director may: Waive, reduce or compromise any tax balance of $10 or less; Retain any tax overpayment of $10 or less; or Waive, reduce or compromise any part or all of the tax interest and tax penalties provided by this chapter.…

657.520 Claims for contribution preferred

All contributions, interest charges, penalties or amounts due the Unemployment Compensation Trust Fund from any employer under this chapter and all judgments recovered by the Director of the Employment Department against any employer under this chapter shall be given the same priority as taxes and shall be deemed preferred to all general claims in all bankru…

657.525 Lien on subjects and products of labor for which contributions are due

A lien is created in favor of the Director of the Employment Department upon all real property within this state and any structure or improvement thereon and upon any mine, lode, deposit, mining claim, road, tramway, trail, flume, ditch, pipeline, building or other structure or equipment on or pertaining thereto, and upon all lumber, sawlogs, spars, piles, t…

657.530 Lien on property used in connection with employment on which contributions are due

The Director of the Employment Department also shall have a lien upon all real or personal property of the employer used in connection with the employment on which contributions are due, in a sum equal to the amount at any time due from any employer subject to this chapter on account of labor performed by the workers of such employer, together with interest …

657.535 Liens under ORS 657.525 or 657.530; priority; filing statement of lien; foreclosure

The liens created by ORS 657.525 and 657.530 shall be prior to all other liens and encumbrances, except labor liens and taxes, and they shall have equal priority with other tax liens. In order to assert such liens, the Director of the Employment Department shall, within 60 days after the employer is in default, as provided in ORS 657.515 (3), file with the …

657.540 Lien on property of defaulting employer; recording; priority; foreclosure

If an employer liable for the payment of contributions to the Unemployment Compensation Trust Fund is in default, as provided in ORS 657.515 (3), the amount of contributions, interest and penalties due shall be a lien in favor of the Director of the Employment Department upon all property, whether real or personal, belonging to such employer. The lien shall…

657.542 Filing liens and warrants with Secretary of State

A copy of any statement of lien filed as provided in ORS 657.535 or any warrant attaching the lien of ORS 657.540 may also be filed in the office of the Secretary of State. Filing in the office of the Secretary of State shall have no effect until a copy of the statement of lien or a warrant has been recorded with a county clerk. When a copy of the statement…

657.545 Release of ORS 657.540 lien by filing security

The employer against whose property a lien has been filed under ORS 657.540 may cause the property to be released by filing with the county clerk of the county wherein such lien is recorded a bond or an irrevocable letter of credit in a sum double the amount claimed in said lien, executed by a surety company licensed to do business in Oregon or by two freeho…

657.550 [Amended by 1959 c.598 §2; repealed by 1963 c.354 §1 (657.552, 657.652, 657.679, 657.681 and 657.683 enacted in lieu of 657.472, 657.512, 657.550 and 657.672)]

657.552 Limitations on notices of assessment and on actions to collect contributions, interest and penalties

Except in the case of failure without good cause to file a return, fraud or intent to evade any provision of this chapter or authorized rules, every notice of assessment shall be given within four years after the last day of the month following the close of the calendar quarter during which the contribution liability included in the assessment accrued. An em…

657.555 Authority to release, compromise or satisfy liens

Any lien provided for in ORS 657.525 to 657.540 may be released, compromised or satisfied by the Director of the Employment Department, and the property against which a lien is claimed shall be released therefrom by filing a notice of such release or satisfaction with the county clerk of the county in which the notice of lien claim was filed.

657.557 Remedies for collection of contributions not exclusive; prevailing party in civil action to recover costs

Remedies given to the Director of the Employment Department under this chapter for the collection of contributions, interest and penalties shall be cumulative and no action taken by the director or the duly authorized representative of the director, the Attorney General, or any other officer, shall be construed to be an election on the part of the state or a…

657.560 Joining director in actions involving title of property subject to director’s lien

The Director of the Employment Department may be made a party to any suit or action involving the title to real or personal property against which the director has or may claim a lien under this chapter.

657.565 Unlawful practices of employer

No employer or agent of any employer shall willfully refuse or fail to pay a contribution to the fund or to furnish any report, audit or information duly required by the Director of the Employment Department under this chapter. No employer shall make a deduction from the wages or salary of any employee to pay any portion of the contribution which the employ…

657.570 [1989 c.901 §5; repealed by 1999 c.461 §1 (657.571 enacted in lieu of 657.570)]

657.571 Quarterly or annual tax report; form; filing with Department of Revenue

Every employing unit shall make and file a quarterly report of taxes due under this chapter upon a combined quarterly tax report form prescribed by the Department of Revenue. The report shall be filed with the Department of Revenue at the times and in the manner provided by ORS 316.168 and 316.171. The report of taxes due under this chapter may be filed ann…

657.575 Repayment of default by nonprofit employing unit; conditions

Notwithstanding any other provision of this chapter, when a nonprofit employing unit is found by the Director of the Employment Department to be in default with respect to payment of taxes required by this chapter, the nonprofit employing unit may elect to satisfy the deficiency together with any interest and penalties thereon, by making reimbursement paymen…

657.601 Employment Department; duties

There is established an Employment Department. The department shall: Administer the unemployment insurance laws of this state to support Oregonians during periods of unemployment; Provide for the operation of a statewide employment service, including the establishment and maintenance of a system of public employment offices to promote employment of Oregoni…

657.605 [Repealed by 1959 c.583 §24]

657.606 [1959 c.583 §2; repealed by 1969 c.597 §281]

657.608 Director; term; responsibility for service programs and long-range planning; compensation

The Employment Department shall be under the supervision and control of a director appointed by the Governor. The term of office of the Director of the Employment Department is four years, but the director may be removed at any time during a term at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate in th…

657.610 Director; powers and duties; rules

The Director of the Employment Department may: For purposes of administration and control, and with the approval of the Governor, organize and reorganize the department in whatever manner the director considers appropriate to carry out the duties, functions and powers of the department. Appoint all subordinate officers and employees of the department, whet…

657.615 Investigations and recommendations to legislature

The Director of the Employment Department may: Carry on investigations of the operation of unemployment insurance in Oregon, including related subjects and publish the results thereof. Investigate the operations of the fund, the relation of contribution rates to the risks of unemployment, the adequacy of contribution rates. Recommend to the legislature fr…

657.620 Determination of adequate fund reserve; modification of benefits and eligibility regulations in case of emergency

The Director of the Employment Department shall, from time to time, after investigation, reasonable public notice, and a public hearing at which any interested party is afforded an opportunity to be heard, determine or redetermine what amount of reserve reasonably is needed in the fund to assure the payment of benefits under this chapter. In the event of ge…

657.625 Publication of rules, reports and information on Employment Department law

The Director of the Employment Department shall cause to be printed in proper form for distribution the classification, rates, rules, regulations and rules of procedure and furnish the same to any person upon application therefor. The fact that such classifications, rates, rules, regulations and rules of procedure are printed ready for distribution to all wh…

657.630 Quasi-judicial powers in administrative hearings

The Director of the Employment Department may act in the director’s own behalf or by any of the duly authorized agents or assistants of the director in the following: To hold sessions at any place within the state. To administer oaths. To issue and serve by the director’s representative, or by any sheriff, subpoenas for the attendance of witnesses and the…

657.635 Circuit court to enforce obedience to subpoenas

The circuit court for any county or the judge thereof, on application of the Director of the Employment Department or any of the assistants of the director, shall compel obedience to subpoenas issued and served pursuant to ORS 657.630 and punish disobedience of any such subpoena or any refusal to testify at any session authorized in this chapter, or to answe…

657.640 Attorney General to represent director

Upon request of the Director of the Employment Department, the Attorney General or, under the direction of the Attorney General, the district attorney of any county, shall institute or prosecute actions or proceedings for the enforcement of this chapter, when such actions or proceedings are within the county in which such district attorney was elected, and s…

657.642 Alternative remedies for collection of taxes, interest and penalties; warrants; execution by sheriff

In any case in which the Director of the Employment Department may bring a civil action for the collection of taxes, interest and penalties under this chapter, the Employment Department may instead: Assess a collection charge of $5 if the sum of the tax, penalty and interest then due exceeds $10. Issue a warrant for the amount of the tax with the added pen…

657.645 [Repealed by 1959 c.583 §24]

657.646 Use of warrant to collect amount of judgment

In any case in which a judgment is rendered in favor of the Employment Department for amounts due under this chapter, the Director of the Employment Department may issue a warrant to collect the amount of the judgment.

657.650 [Amended by 1983 c. 522 §8; repealed by 1993 c.344 §11]

657.652 Certificate as evidence in proceeding

In any action, suit or proceeding brought by or against the Director of the Employment Department a certificate attested to by the director or the authorized representative of the director showing the amount of contributions, interest and penalties due from an employing unit shall be prima facie evidence of the payment by the employing unit of the amount of …

657.655 Certified copies of records as evidence

If the original of any record, file, order, proceeding, decision, award or other document on file with the Employment Department is competent and admissible in evidence, a certified copy thereof furnished by the Director of the Employment Department under the seal of the department shall be received in evidence before the Employment Appeals Board or any depu…

657.657 Acquisition of land and offices

Subject to the approval of the Director of the Oregon Department of Administrative Services, the Director of the Employment Department may acquire by purchase office buildings, make alterations, modifications or additions thereto, and purchase land and construct thereon office buildings suitable for use as local offices of the Director of the Employment Depa…

657.660 Records and reports of employing units

Every employing unit shall keep true and accurate records of all persons employed by it and such records of hours worked, wages paid and other statistics as prescribed by the Director of the Employment Department for the administration of this chapter. Such records shall be open to inspection by the director or an authorized representative of the director a…

657.662 [1959 c.598 §6; 1961 c.252 §5; 1967 c.435 §8; repealed by 1981 c.77 §14 (657.663 enacted in lieu of 657.662)]

657.663 Penalty for failure by employer to file reports; amount; collection procedure; review of penalty

If an employer fails to file a quarterly tax report or quarterly report of employees’ wages and hours of work by the 10th day of the second month following the end of the calendar quarter, the Director of the Employment Department, for the first such failure, shall send to the employer at the employer’s last-known address a written notice warning the employe…

657.665 Confidentiality of information

Except as provided in subsections (2) to (5) of this section, all information in the records of the Employment Department pertaining to the administration of the unemployment insurance, employment service and workforce and labor market information programs: Is confidential and for the exclusive use and information of the Director of the Employment Departmen…

657.670 [Amended by 1981 c.77 §16; 2005 c.618 §6; repealed by 2007 c.89 §2]

657.672 [1959 c.405 §6; 1961 c.252 §6; repealed by 1963 c.354 §1 (657.552, 657.652, 657.679, 657.681 and 657.683 enacted in lieu of 657.472, 657.512, 657.550 and 657.672)]

657.673 Disclosure of wage information to consumer reporting agency; conditions

As used in this section: “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. “Consumer reporting agency” m…

657.675 [Amended by 1959 c.376 §1; renumbered 657.695]

657.676 Reconsideration of determinations; conditions; rules; hearing and review

Upon motion of the Director of the Employment Department or upon application of an interested employer, the director may reconsider a determination of employer subjectivity, tax rate or tax assessment, irrespective of whether the determination has become final. The director may reconsider a determination when there is evidence of: Computation errors; Cleri…

657.678 [1959 c.376 §3; renumbered 657.700]

657.679 Determination that employing unit or employment is subject to this chapter; notice; application for hearing

A determination of the Director of the Employment Department or the authorized representative of the director: As to whether an employing unit is an employer subject to this chapter, or That services performed by an individual for an employer liable for reimbursement payments in lieu of taxes is employment subject to this chapter, shall become final 20 da…

657.680 [Repealed by 1959 c.376 §4]

657.681 Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing

If an employer files a report for the purpose of determining the amount of contributions due under this chapter but fails to pay contributions or interest, the Director of the Employment Department or authorized representative may assess the amount of contributions or interest due on the basis of the information submitted and shall give written notice of the…

657.682 Assessments against reorganized business entity

As used in this section, “reorganized business entity” means a business entity that, while operating substantially the same business as the employer, has been converted to a different form of business entity from that of the employer or has changed ownership from that of the employer, except that a business entity is not a “reorganized business entity” solel…

657.683 Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682; decision of administrative law judge; amendment of decision

An application for hearing under ORS 657.480, 657.679, 657.681 or 657.682 shall be in writing and shall state that a determination or assessment of the Director of the Employment Department or authorized representative is unjust or incorrect and that the employing unit requests a hearing. The application shall set forth the objections of the employing unit t…

657.684 Judicial review of decisions under ORS 657.683

Judicial review of decisions under ORS 657.683 shall be as provided for review of orders in contested cases in ORS chapter 183, except that the petition shall be filed within 20 days after the order is final. The Director of the Employment Department may file petition for judicial review in accordance with this section from decision of the administrative law…

657.685 Employment Appeals Board; confirmation; quorum; meetings; duties; staffing; rules

The Employment Appeals Board hereby is created within the Employment Department. The Employment Appeals Board consists of three members who shall be appointed by and serve at the pleasure of the Governor. Except for pro tempore appointments, appointments of members are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. …

657.690 Employment Appeals Board powers

The Employment Appeals Board has the power: To hold sessions any place within the state. To administer oaths. To issue and serve, or by any sheriff, subpoenas for the attendance of employers or claimants and the production of papers, contracts, books, accounts, documents and testimony. The Employment Appeals Board may require the attendance and testimony …

657.695 Employment Department Advisory Council; members; compensation and expenses

To assist the Director of the Employment Department in the effective development of policies and programs with respect to unemployment insurance and employment service and in securing to this state the benefits of the Wagner-Peyser Act, and particularly with respect to carrying out ORS 657.615, there hereby is created an advisory council within the Employmen…

657.700 Special councils for program development

The Director of the Employment Department may also appoint committees, and industrial or other special councils, to perform appropriate services in connection with the development of unemployment insurance and employment service programs who shall serve without compensation.

657.702 Department to encourage volunteering

The Employment Department shall: Update the department’s webpage to encourage volunteering and provide links to state and federal volunteering opportunities. Post the following statement on the webpages of the department and the unemployment insurance division of the department: _____________________________________________________________________________…

657.705 Oregon State Employment Service

There is created under the Director of the Employment Department a division, to be known as the Oregon State Employment Service, which shall be affiliated with the United States Employment Service. Such division shall be administered by a person well qualified by technical training and experience in the functions to be performed.

657.710 Free public employment offices; contracts relating to workforce development system; public agencies to provide information on job vacancies

The Director of the Employment Department shall establish and maintain such free public employment offices, including such branch or affiliate offices, as may be necessary for the proper administration of this chapter and for participation in Oregon’s workforce development system. The director may enter into such contracts or memoranda of understanding with…

657.715 Wagner-Peyser Act accepted

The State of Oregon hereby accepts the provisions of the Act of Congress approved June 6, 1933, entitled “An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes.”

657.720 Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service

The Director of the Employment Department is designated and constituted the agency of this state for the purpose of the Wagner-Peyser Act. The director shall cooperate with all authorities of the United States having powers and duties under the Wagner-Peyser Act and do and perform all things necessary to secure to this state the benefits of the Wagner-Peyser…

657.725 Employment districts

The Director of the Employment Department may divide the state into such number of employment districts as the director finds necessary and maintain a district office in each of said districts. INFORMATION SYSTEMS

657.730 Workforce and labor market information system; rules

As used in this section, unless the context requires otherwise: “Labor market area” means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Such areas shall be identified in accordance with criteria used b…

657.732 [Formerly 329.965; 2003 c.238 §1; 2003 c.794 §313; repealed by 2011 c.31 §1]

657.734 Performance Reporting Information System; rules

As used in this section: “Public body” has the meaning given that term in ORS 192.311. “System participant” means: Mandatory partners under the federal Workforce Innovation and Opportunity Act and other one-stop system partners, which may include public bodies and private organizations; and Public bodies and private organizations that have been approved …

657.736 [Formerly 329.955; repealed by 2017 c.307 §6]

FOREST MAINTENANCE ACTIVITY

657.747 Department to inform employer and United States Department of Labor of employer’s noncompliance with certain federal requirements regarding federal forest maintenance activity

If the Employment Department becomes aware in the normal course of business that an employer has contracted with the United States to conduct forest maintenance activity on federal forestland in this state and is not in compliance with the requirements under 20 C.F.R. 655 for H-2B temporary employment certification regarding the forest maintenance activity, …

657.749 Department actions when certain forest maintenance activity jobs listed

If an employer lists an available forest maintenance activity job under a federal H-2B certification for temporary nonagricultural work with the Employment Department, the department shall: Confirm with the employer whether the job is open to Oregon resident workers; Notify the United States Department of Labor, union halls and community agencies serving u…

657.755 Cooperation with federal agencies administering unemployment insurance laws

The Director of the Employment Department shall: Cooperate in all necessary respects with the appropriate agencies and departments of the federal government in the administration of this chapter and of free public employment offices. Make the state’s records relating to the administration of this chapter available to the Railroad Retirement Board and furni…

657.757 Cooperation with federal agencies administering training or retraining programs and other assistance

The Employment Department is authorized to cooperate with or enter into agreements with appropriate agencies of the federal government whereby: The Director of the Employment Department may act as agent of the federal government, in the payment of subsistence or other cash allowances provided in programs adopted by the federal government, including training…

657.760 Reciprocal agreements on coverage and collection of contributions

The Director of the Employment Department may enter into agreements with the appropriate agencies of other states or the federal government whereby: Potential rights to benefits accumulated under the unemployment insurance laws of the several states or under such a law of the federal government, or both, may constitute the basis for the payment of benefits …

657.765 Reciprocal agreements concerning payroll taxes for out-of-state work

Whenever the unemployment insurance laws of other states provide for inclusion of out-of-state payment of wages in computing wages paid in like manner as provided in ORS 657.095 (2), the Director of the Employment Department may enter into agreements with those empowered to administer the unemployment insurance laws of such other states for the purpose of: …

657.770 Reciprocal agreements concerning wages used as basis for benefits

The Director of the Employment Department may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby wages, upon the basis of which an individual may become entitled to benefits under an employment security law of another state or of the federal government, shall be deem…

657.775 Cooperation with other states on reciprocal basis for collection of contributions

The courts of the State of Oregon shall recognize and enforce the liability for unemployment insurance contributions imposed by other states which extend a like comity to this state, and officials of such other states may initiate civil proceedings in the courts of this state to enforce the collection of such contributions. The certificate of the Secretary o…

657.780 Agreements with governmental agencies to withhold benefits for child support obligations; rules

As used in this section, “appropriate agency” means an agency authorized to enforce child support obligations pursuant to a plan approved under part D of title IV of the Social Security Act. Notwithstanding ORS 657.855, the Director of the Employment Department may enter into agreements with the appropriate agency of this state whereby child support obligat…

657.783 Supplemental Employment Department Administration Fund; biennial transfer of excess budgeted moneys to Unemployment Compensation Trust Fund

There is established in the State Treasury, separate and distinct from the General Fund, the Supplemental Employment Department Administration Fund. The Supplemental Employment Department Administration Fund shall consist of moneys collected or received by the Employment Department pursuant to ORS 657.462. Except as provided in subsection (3) of this sectio…

657.785 Agreement for Interstate Reciprocal Overpayment Recovery Arrangement

The Director of the Employment Department may enter into an agreement or agreements with any other state’s employment security agency, or group thereof, including the Interstate Reciprocal Overpayment Recovery Arrangement, for the mutual and reciprocal recovery of overpaid unemployment compensation benefits. Notwithstanding any other provision of this chapte…

657.805 Unemployment Compensation Trust Fund

There hereby is created the Unemployment Compensation Trust Fund. The fund shall consist of: All contributions received and collected under this chapter. Interest earned upon any moneys in the fund. Any property or securities acquired through the use of moneys belonging to the fund and all earnings of such property or securities. All other moneys or prop…

657.807 Advances, under title XII of Social Security Act, to Unemployment Compensation Trust Fund

The Governor of the State of Oregon is hereby authorized in the discretion of the Governor to make necessary application to the Secretary of Labor of the United States to obtain an advance or advances pursuant to title XII of the Social Security Act, as amended. The Director of the Employment Department shall notify the Governor whenever the director determ…

657.810 Deposit and use of fund

All moneys received for the Unemployment Compensation Trust Fund under ORS 657.805 shall be deposited with the State Treasurer subject to ORS 657.830. All moneys in the fund shall be mingled and undivided and shall be administered by the Director of the Employment Department for the purpose of this chapter.

657.812 Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury

Money credited to the account of this state in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to section 903 of the Social Security Act, as amended, may be requisitioned and used for the payment of expenses incurred for the administration of this chapter pursuant to a specific appropriation by the legisl…

657.813 Use of moneys made available under Social Security Act for administrative expenses

Notwithstanding ORS 657.812, the Employment Department may accept funds made available to this state under section 903 of the Social Security Act, as amended, for payment of administrative expenses relating to the unemployment insurance program. Note: 657.813 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter…

657.815 Unemployment Compensation Benefit Fund

There is created, separate and distinct from the General Fund, the Unemployment Compensation Benefit Fund. Such fund shall consist of all amounts withdrawn from the Federal Unemployment Trust Fund, upon requisition of the Director of the Employment Department, except as provided in ORS 657.812. This fund shall be used solely in the payment of benefits under…

657.820 Unemployment Compensation Administration Fund

There is established in the State Treasury, separate and distinct from the General Fund, the Unemployment Compensation Administration Fund, to consist of all moneys received by the state or the Director of the Employment Department for the expenses of administration of this chapter, including such proportion of total expenses of maintaining public employment…

657.822 Employment Department Special Administrative Fund

There is established in the State Treasury, separate and distinct from the General Fund, the Employment Department Special Administrative Fund. The Employment Department Special Administrative Fund shall consist of moneys collected or received by the Employment Department as follows: All interest collected under ORS 657.515. All penalties collected pursuan…

657.823 Employment Tax Guarantee Fund

There is established in the State Treasury, separate and distinct from the General Fund, the Employment Tax Guarantee Fund. The Employment Tax Guarantee Fund shall consist of: Money deposits received under ORS 657.505 or 657.507; and Proceeds of bonds posted under ORS 657.505 or 657.507. Interest earned on the Employment Tax Guarantee Fund shall be credit…

657.825 Expenditure of federal funds; restitution of moneys lost or improperly expended

All moneys in the Unemployment Compensation Administration Fund which are received from the federal government or any agency thereof or which are appropriated by this state for the purposes described in ORS 657.820 shall be expended solely for the purposes and in the amounts found necessary by the Secretary of Labor for the proper and efficient administratio…

657.830 State Treasurer as custodian of funds

The State Treasurer shall be the custodian of the Unemployment Compensation Trust Fund and the Unemployment Compensation Benefit Fund. After clearance thereof, the State Treasurer immediately shall deposit all moneys specified in ORS 657.805 which are received from all sources as an accretion to the Unemployment Compensation Trust Fund, with the Secretary o…

657.835 [1981 c.895 §4; repealed by 1995 c.37 §10]

657.840 Federal Advance Interest Repayment Fund; assessment of tax; applicability

On the first day of the third month of a calendar quarter the Director of the Employment Department shall: Estimate the interest payable, accrued through the end of the calendar quarter, on federal advances obtained under the provisions of ORS 657.807; Estimate the amount of federal advance interest repayment tax receipts expected to be collected during th…

657.845 [1991 c.685 §2; 1995 c.37 §8; 2005 c.183 §11; repealed by 2005 c.183 §13]

MISCELLANEOUS PROVISIONS

657.855 Benefits not assignable; waiver of rights invalid

Except as provided in this section, benefits due under this chapter may not be assigned, pledged, encumbered, released or commuted. Benefits due under this chapter shall, except as otherwise provided in this chapter, be exempt from all claims of creditors and from levy, execution and attachment or remedy for recovery or collection of a debt, and the exemptio…

657.860 Agreement of employee to pay contributions void

No agreement by an employee to pay any portion of the contribution required of the employer by this chapter is valid and no employers shall make a deduction for such purpose from the wages or salary of an employee.

657.865 No vested rights

All the rights, privileges or immunities conferred by this chapter or by acts deemed pursuant thereto shall exist subject to the powers of the legislature to amend or repeal this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal.

657.870 When operation of this chapter ceases

If title IX of the federal Social Security Act becomes inoperative by Act of Congress or by decision of the United States Supreme Court, payments of contributions and payment of benefits provided in this chapter shall cease. If the provisions of the Act of October 20, 1976, P.L. 94-566 (26 U.S.C. 3306) requiring benefit coverage for service performed in agr…

657.875 Extending period for appeal in certain claim and contribution matters

The period within which an interested party may request a hearing or file with the Employment Appeals Board an application for review as provided in ORS 657.266 to 657.269, 657.270, 657.471, 657.480, 657.485, 657.679, 657.681 and 657.682 may be extended, upon a showing of good cause therefor, a reasonable time under the circumstances of each particular case.

657.880 Health care coverage for unemployed individuals; deduction of benefits

In order to provide health care coverage for eligible unemployed individuals, the Employment Department, upon approval and funding by the Emergency Board, is authorized: To deduct an amount from unemployment compensation otherwise payable to an individual and to use the amount so deducted to pay for health care coverage if the individual voluntarily elects …

657.885 “Health care coverage” defined

For purposes of this section and ORS 657.880, the term “health care coverage” means coverage under: Health insurance policies issued by qualified insurers and health care service contractors; Contracts entered into by and between the State of Oregon and qualified insurers and health care service contractors; and The medical assistance program administered…

657.890 [1989 c.369 §2; repealed by 1995 c.105 §9]

657.895 Unemployment compensation programs under federal authority

Notwithstanding any other provision of this chapter, the Employment Department, at the direction of the Governor, may take appropriate action to expedite and provide for the implementation of an unemployment compensation program not provided for in this chapter, if the program is authorized by the United States Secretary of Labor and if the director determin…

657.925 [1995 c.561 §12; 1995 c.816 §27; 2001 c.657 §1; 2001 c.781 §1a; repealed by 2009 c.21 §56]

PENALTIES

657.990 Penalties

Violation of ORS 657.295 is a Class B misdemeanor. Violation of ORS 657.300 is a Class A misdemeanor. Violation of ORS 657.480 (3)(a) or (b) is a Class C felony. In addition to any penalties otherwise prescribed in this chapter, violation of ORS 657.495, 657.565, 657.660 (2) or any other provision of this chapter is a Class C misdemeanor. If an offending …