OAR 471-030-0017
Defining and Allocating Remuneration, Holidays, and Vacations

(1)

Definitions. For purposes of applying ORS 657.100 (Unemployment) and 657.150 (Amount of benefits), and as used in this rule:

(a)

“Employment” means:

(A)

Being in an employer-employee relationship during a period of time for which remuneration was paid or payable; or

(B)

Providing a service or product for cash or cash value.

(b)

“Earnings” means remuneration;

(c)

Where an employer-employee relationship exists, “remuneration” means compensation resulting from the employer-employee relationship, including wages, salaries, incentive pay, sick pay, compensatory pay, bonuses, commissions, stand-by pay, and tips;

(d)

Where no employer-employee relationship exists, “remuneration” means the gross amount of compensation for the product or service, less only the value of tangible components involved in producing or providing the product or service and limited to the tangible components that remain with the party receiving the service or product;

(e)

“Bonus” means an extra payment given by an employer in consideration of performance, production or a share of profits;

(f)

“Back pay” means payment awarded as reimbursement by an employer for loss of wages during a period for which no services were performed and no payment was intended;

(g)

For purposes of ORS 657.150 (Amount of benefits)(7), the term “holiday” means those holidays listed in 187.010 (Legal holidays)(1)(b)–(j) and (2), 187.020 (Additional legal holidays) and any holiday designated by the employer, union contract or otherwise;

(h)

For purposes of ORS 657.150 (Amount of benefits)(7), the term “vacation” means a specific period of time, paid or unpaid, during which the individual is freed from work/job/employment duties and responsibilities and is free to use the time away from work for any purpose the individual chooses.

(i)

For purposes of ORS 657.150 (Amount of benefits)(6)(a), the term “minimum hourly wage” means the minimum wage rate as computed under 653.025 (Minimum wage rate)(2).

(2)

For purposes of section (1) of this rule, except for agricultural labor and domestic service, remuneration shall include the value, determined pursuant to OAR 471-031-0055 (Remuneration Other than Cash)(3), of compensation paid in any medium other than cash.

(3)

Allocating Remuneration: For purposes of ORS 657.100 (Unemployment) and 657.150 (Amount of benefits)(6) remuneration or an applicable pro-rata share thereof shall be allocated as follows:

(a)

In the case of services, allocated to the week in which the service was performed;

(b)

In the case of products, allocated to the week in which the product was sold;

(c)

In the case of bonuses, allocated equally to the weeks during which the individual worked within the period being rewarded;

(d)

If the dates of sale or service are not clearly established, allocation shall be made upon a reasonable estimate provided by the claimant. If the individual cannot or will not provide a reasonable estimate, the remuneration shall be allocated equally over the period during which services were rendered or products were sold.

(4)

Back pay is not reportable for or deductible from unemployment insurance benefits.

Source: Rule 471-030-0017 — Defining and Allocating Remuneration, Holidays, and Vacations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=471-030-0017.

471‑030‑0005
Week Defined 471‑030‑0010
Assignment of Wages 471‑030‑0012
Standard Base Year Defined 471‑030‑0015
Social Security Account Number 471‑030‑0017
Defining and Allocating Remuneration, Holidays, and Vacations 471‑030‑0020
Retirement Pay, Allocation of Periodic and Lump Sum Payments 471‑030‑0021
Allocation of Wages 471‑030‑0022
“Full-Time Work” Defined 471‑030‑0023
Incapable of Work for the Purpose of Extending the Base Year 471‑030‑0025
Claimant’s Responsibilities 471‑030‑0034
Reemployment Service Assistance and Eligibility 471‑030‑0035
Work Registration 471‑030‑0036
Eligibility Factors 471‑030‑0037
Prevailing Rate of Pay 471‑030‑0038
Work Separations, Job Referrals and Job Refusals 471‑030‑0039
Administrative Decisions 471‑030‑0040
Initial, Additional, and Reopened Claims 471‑030‑0042
Good Prospects 471‑030‑0043
Customary Occupation 471‑030‑0044
Systematic and Sustained Search for Work 471‑030‑0045
Continued Claims 471‑030‑0046
Non-Cash Remuneration Applicable to Benefit Claims 471‑030‑0048
Amended Monetary Determinations 471‑030‑0049
Lost, Stolen or Destroyed Benefit Checks 471‑030‑0050
Benefit Payments 471‑030‑0051
Cancellation of Overpayments, Tolerance Policy 471‑030‑0052
Misrepresentation Disqualification 471‑030‑0053
Waiving Recovery of Overpayments 471‑030‑0054
Theft Cases 471‑030‑0055
Continuous Jurisdiction 471‑030‑0056
Investigatory Subpoenas 471‑030‑0057
Payment of Benefits Due a Deceased Person 471‑030‑0058
Offset of Unemployment Compensation Debt Through U.S. Treasury Offset Program 471‑030‑0060
Procedure for Payment of Benefits for Partial Unemployment 471‑030‑0065
Discretionary Filing Procedures 471‑030‑0071
Benefit eligibility during a declared emergency 471‑030‑0074
School Employees 471‑030‑0075
Contract or reasonable assurance defined 471‑030‑0076
Benefits for Athletes 471‑030‑0077
Benefits for Aliens 471‑030‑0079
Shared Work Plans and Benefits 471‑030‑0080
Career and Technical Training 471‑030‑0081
Relief of Charges to Employers 471‑030‑0082
Charge Relief for Part-Time Work 471‑030‑0083
Employer Penalties 471‑030‑0090
Shared Work Plans and Benefits 471‑030‑0095
Claim Cancellations 471‑030‑0097
Labor Disputes 471‑030‑0100
Maximum Benefit Amount 471‑030‑0120
Jury Duty 471‑030‑0125
Drug, Cannabis, and Alcohol Adjudication Policy 471‑030‑0126
Absence Due to Alcohol, Cannabis, or Drug Use 471‑030‑0150
Domestic Violence 471‑030‑0174
Child Support Intercept Appeals 471‑030‑0210
Interstate Reciprocal Overpayment Recovery Arrangement 471‑030‑0215
Union Referral List 471‑030‑0220
Economically Distressed Worker Training 471‑030‑0225
Extended Benefits Look Back 471‑030‑0235
Self-employment Assistance Program
Last Updated

Jun. 8, 2021

Rule 471-030-0017’s source at or​.us