Employment
- service by individuals soliciting contracts for home improvements and consumer goods sales excluded
Source:
Section 657.087 — Employment; service by individuals soliciting contracts for home improvements and consumer goods sales excluded, https://www.oregonlegislature.gov/bills_laws/ors/ors657.html.
Notes of Decisions
Where petitioner knife sales company pays salespeople incentive payments for in-home product demonstrations, incentive payment is not exempt from “employment” in this section as “commissions” because commission is payment keyed to transaction with customer in which customer makes order, and incentive payment is made based on number of in-home demonstrations regardless of whether demonstrations result in customer orders. Vector Marketing Corp. v. Employment Department, 275 Or App 999, 365 P3d 686 (2015), Sup Ct review denied
This section creates exemption from employment but exemption is limited to remuneration based on commissions and profits from “sales of consumer goods in the home.” Because employer failed to establish to what extent employer’s independent business owners conducted sales in locations other than “in the home,” employer could not benefit from exemption. ACN Opportunity, LLC v. Employment Department, 278 Or App 697, 377 P3d 638 (2016), aff’d362 Or 824, 418 P3d 719 (2018)
Up to date