ORS 657.092
Employment; nonprofit organization employees and contestants excluded


(1)

“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 organization when the remuneration for such service consists solely of a gratuity, prize, scholarship or reimbursement of expenses.

(2)

As used in this section:

(a)

“Contestant” means a person competing in a competition in a pageant, festival, rodeo or similar event.

(b)

“Gratuity” means a voluntary return for a service and does not include commissions or other amounts paid pursuant to an agreement reached at the time the individual agrees to perform a service for the organization.

(c)

“Nonprofit organization” means an organization or group of organizations described in sections 501(c)(3) to 501(c)(10) of the Internal Revenue Code which is exempt from income tax under section 501(a) of the Internal Revenue Code.

(d)

“Prize” means a reward received for winning a competition in a pageant, festival, rodeo or similar event.

(e)

“Reimbursement for expenses” means a payment made in lieu of salary to compensate an individual for transportation costs to the location of the service and return, and ordinary living expenses while in the vicinity of the event in which the individual is participating.

(f)

“Scholarship” means a grant provided for the purpose of paying part of the tuition or other costs of attending an educational institution or institution of higher education and payable to the institution of the individual’s choice. [1981 c.636 §2; 1983 c.508 §15; 2007 c.71 §209]
Chapter 657

Notes of Decisions

An individual who performs services for remuneration is an employee, and person or organization for whom services are performed is an employer under terms of Employment Division Law even if remuneration is paid indirectly rather than directly unless employer shows that some statutory exclusion applies. Lectro Lift, Inc. v. Morgan, 14 Or App 316, 513 P2d 526 (1973)

Mere act of incorporating as professional corporation does not, by itself, create employer-employee relationship for purposes of this chapter. Peterson v. Employment Division, 82 Or App 371, 728 P2d 95 (1986)

Determination of whether claimant is qualified for benefits is made by reference to ORS 657.150 and 657.155, which require determination of amount of work that claimant performed in “employment” as defined in ORS chapter 657, which, in turn means that exclusions from “employment” set out in ORS 657.040 through 657.094 must be considered. May Trucking Co. v. Employment Dept., 251 Or App 555, 284 P3d 553 (2012)

Atty. Gen. Opinions

Determining employer of musicians’ group, (1972) Vol 35, p 1306


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May. 15, 2020