Unemployment Insurance
Workforce and labor market information system
- rules
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