Employment
- transportation of logs, poles and piling and lessor of for-hire carriers excluded
- exceptions
Source:
Section 657.047 — Employment; transportation of logs, poles and piling and lessor of for-hire carriers excluded; exceptions, https://www.oregonlegislature.gov/bills_laws/ors/ors657.html.
Notes of Decisions
As used in this section, “lease” requires transfer to for-hire carrier of legal possession and use of vehicle, but retention by lessor of physical possession, control and use for purposes of vehicle operation and maintenance. Delta Logistics, Inc. v. Employment Department Tax Section, 279 Or App 498, 379 P3d 783 (2016), aff’d 361 Or 821, 401 P3d 779 (2017)
Where for-hire carrier leased vehicles from vehicle owner-operators, who drove vehicles for purposes of providing services offered on behalf of for-hire carrier, for-hire carrier was not employer of owner-operator. Delta Logistics, Inc. v. Employment Department Tax Section, 279 Or App 498, 379 P3d 783 (2016), aff’d 361 Or 821, 401 P3d 779 (2017)
Where for-hire carrier enters into agreements with contract drivers, who own or lease their vehicles, to provide transportation services for carrier and carrier financially compensates drivers and provides equipment, licensing, insurance and administrative support, drivers’ services are not “employment” and are therefore exempt under this section. Market Transport, Ltd. v. Employment Department, 279 Or App 515, 379 P3d 608 (2016)
Where contract driver of for-hire carrier does not have transferable interest in vehicle, driver is not exempt under this section. May Trucking Company v. Employment Department, 279 Or App 530, 379 P3d 602 (2016), Sup Ct review denied
Where contract drivers of for-hire carrier have financial responsibility for vehicle and are permitted under agreement with carrier to select third party to perform maintenance on vehicle, contract drivers meet requirement to “personally” maintain vehicle under this section. May Trucking Company v. Employment Department, 279 Or App 530, 379 P3d 602 (2016), Sup Ct review denied
Exemption from unemployment benefit laws applies to truck owners who hire employees to help operate, furnish and maintain trucks. Delta Logistics, Inc. v. Employment Dept. Tax Section, 361 Or 821, 401 P3d 779 (2017)
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