Current through Register Vol. 63, No. 9, September 1, 2024
(1) The effective
date of this rule is June 23, 2021.
(2) Definitions. For purposes of applying ORS
657.100 and
657.150, 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(7), the
term "holiday" means those holidays listed in 187.010(1)(b)-(k) and (2),
187.020 and any holiday designated by the employer, union contract or
otherwise;
(h) For purposes of ORS
657.150(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(6)(a),
the term "minimum hourly wage" means the minimum wage rate as computed under
653.025(2).
(3) 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(3),
of compensation paid in any medium other than cash.
(4) Allocating Remuneration: For purposes of
ORS 657.100 and
657.150(6)
remuneration or an applicable prorate 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 individual. 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.
(5) Back pay is
reportable for and deductible from unemployment insurance benefits, and shall
be allocated as follows:
(a) When awarded
after the end of a shutdown due to a lapse in federal appropriations, allocated
equally to the weeks in which the shutdown occurred;
(b) When awarded in all other circumstances,
allocated to the week in which it is paid.
Statutory/Other Authority: ORS
657.610, ORS
657.100 &
183.335(5)
Statutes/Other Implemented: ORS
657.100 &
657.150
