2021 Oregon Revised Statutes
Chapter 657 - Unemployment Insurance
Section 657.155 - Benefit eligibility conditions; rules.


(a) The individual has registered for work at and thereafter has continued to report at an employment office in accordance with such rules as the director may prescribe. However, the director may, by rule, waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which the director finds that compliance with such requirements would be oppressive, or would be inconsistent with the purposes of this chapter; provided, that no such rule conflicts with ORS 657.255.
(b) The individual has made a claim for benefits with respect to such week in accordance with ORS 657.260.
(c) The individual is able to work, is available for work, and is actively seeking and unable to obtain suitable work. No individual participating in a community work and training program, as defined in ORS 411.855, shall, solely by reason thereof, be unavailable for work within the meaning of this section.
(d) The individual has been unemployed for a waiting period of one week, unless the Governor has waived the required waiting period as provided in ORS 401.186.
(e) The individual is not disqualified from benefits or ineligible for benefits under any other section of this chapter.
(f) The individual is qualified for benefits under ORS 657.150.
(2)(a) An individual who leaves the individual’s normal labor market area for the major portion of any week is presumed to be unavailable for work within the meaning of this section.
(b) The presumption described in paragraph (a) of this subsection may be overcome if the individual establishes to the satisfaction of the director that the individual:
(A) Has conducted a bona fide search for work and has been reasonably accessible to suitable work in the labor market area in which the individual spent the major portion of the week to which the presumption applies; or
(B) Was required to be outside the individual’s normal labor market area to apply for suitable employment within the individual’s normal labor market.
(3) The director shall either promptly allow credit or pay benefits for any week for which benefits are claimed or promptly give notice of denial thereof in the manner provided in ORS 657.267 and 657.268. [Amended by 1955 c.655 §7; 1961 c.631 §8; 1967 c.130 §11; 1973 c.398 §1; 1977 c.295 §3; 1979 c.521 §1; 1993 c.778 §11; 2008 c.23 §3; 2015 c.103 §1]
Note: Section 4, chapter 23, Oregon Laws 2008, provides:
Sec. 4. Sections 1 and 2 [401.186] of this 2008 Act and the amendments to ORS 657.155 by section 3 of this 2008 Act become operative when federal law permits without penalty a waiver under section 2 of this 2008 Act of the one-week waiting period required by ORS 657.155. [2008 c.23 §4]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 16 - Trade Practices, Labor and Employment

Chapter 657 - Unemployment Insurance

Section 657.010 - Definitions.

Section 657.020 - Employing unit.

Section 657.025 - Employer.

Section 657.030 - Employment generally; educational, hospital, nursing, student service exclusions.

Section 657.035 - Employment; effect of place of performance of service.

Section 657.040 - Employment; when service for pay excluded; independent contractors.

Section 657.043 - Employment; golf course caddy service excluded; exceptions.

Section 657.044 - Employment; service by partners and corporate officers and directors who are family members and by certain sole corporate officers and directors excluded; election; exceptions.

Section 657.045 - Employment; agricultural labor excluded; exceptions.

Section 657.046 - Employment; operation of taxicab or passenger vehicle for nonemergency medical transportation by owner or lessee of vehicle for entity operated by board of owner-operators; exceptions.

Section 657.047 - Employment; transportation of logs, poles and piling and lessor of for-hire carriers excluded; exceptions.

Section 657.050 - Employment; domestic service, child care service and certain service not in course of employer’s trade excluded; exceptions.

Section 657.053 - Employment; certain service on fishing boat excluded.

Section 657.056 - Employment; maritime service.

Section 657.060 - Employment; family service and foster care excluded.

Section 657.065 - Employment; governmental service excluded; exceptions.

Section 657.067 - Employment; community work and training programs excluded; work study, work experience and work incentive programs excluded; exceptions.

Section 657.080 - Employment; news delivery service excluded.

Section 657.087 - Employment; service by individuals soliciting contracts for home improvements and consumer goods sales excluded.

Section 657.088 - Employment; certain sports officiating services excluded; exceptions.

Section 657.092 - Employment; nonprofit organization employees and contestants excluded.

Section 657.093 - Employment; certain services provided in exchange for ski passes excluded.

Section 657.095 - Payroll.

Section 657.100 - Unemployment; rules.

Section 657.105 - Wages; generally.

Section 657.115 - Wages; exclusion of fringe benefits.

Section 657.117 - Wages; inclusion of federal taxes and tips.

Section 657.130 - Wages; exclusion of payments from certain trusts and annuities.

Section 657.144 - Notice to individual of effect of filing claim for benefits; earned income tax credits.

Section 657.146 - Withholding from benefits for tax purposes; rules.

Section 657.150 - Amount of benefits; length of employment and wages necessary to qualify for benefits; rules.

Section 657.155 - Benefit eligibility conditions; rules.

Section 657.156 - Reemployment service assistance; eligibility; rules.

Section 657.158 - Self-employment assistance; eligibility; amounts payable; rules.

Section 657.159 - Claimants required to submit job qualifications to Oregon State Employment Service; use of information; referring claimant to available jobs.

Section 657.165 - Waiting period eligibility, condition, limitation.

Section 657.167 - Amount and time period for payment of benefits to educational institution employees.

Section 657.170 - Extending base year; limitation.

Section 657.173 - Alternate base year; rules.

Section 657.176 - Grounds and procedure for disqualification; exceptions; rules.

Section 657.179 - Eligibility of individuals participating in certain federally approved training.

Section 657.195 - Suitable work; exceptions.

Section 657.200 - Labor dispute disqualification; exceptions.

Section 657.202 - Temporary lockout benefits.

Section 657.205 - Deduction of retirement pay; exceptions.

Section 657.213 - Ineligibility for benefits upon conviction of fraud in obtaining benefits.

Section 657.221 - Ineligibility for benefits of certain educational institution employees; exceptions.

Section 657.255 - Method of payment of benefits; payment of benefits due deceased person; rules.

Section 657.260 - Filing claims for benefits; employer to post statements concerning claim regulations; rules.

Section 657.262 - Information provided by public employer to employees.

Section 657.266 - Initial determination of eligibility and amount of benefits; notice to affected parties; cancellation of determination; determination becomes final when hearing not requested.

Section 657.267 - Allowing or denying claim; notice of denial; amended decision; appeal.

Section 657.269 - Decision final unless hearing requested.

Section 657.270 - Hearing upon decision; application for review; dismissal of request for hearing.

Section 657.273 - Restriction on use of findings, orders and judgments in other proceedings.

Section 657.275 - Review by Employment Appeals Board.

Section 657.280 - General procedure and records concerning disputed claims.

Section 657.290 - Continuous jurisdiction of director; reconsideration of previous decisions.

Section 657.295 - Witness fees; disputed claim expenses; counsel; fees.

Section 657.300 - False statements or failure to report material fact by employer.

Section 657.310 - Repayment or deduction of benefits paid due to misrepresentation by recipient; director discretion; penalty for fraud; time limits on collection; civil action by director; disposition of amounts collected; rules.

Section 657.312 - Offset of moneys owed to debtor by federal and state governments against certain benefit overpayments; fees; rules.

Section 657.315 - Deduction of benefits paid in error not due to recipient fault; director discretion; civil action by director.

Section 657.317 - Waiver of recovery of overpaid benefits; director discretion; liability extinguished.

Section 657.320 - Cancellation of unrecoverable benefits.

Section 657.321 - Definitions for ORS 657.321 to 657.329.

Section 657.325 - Extended benefits; eligibility; amount.

Section 657.327 - Notice of effectiveness of extended benefits; employers not to be charged for extended benefits.

Section 657.328 - Eligibility period adopted by rule.

Section 657.331 - "Additional benefits" and "additional benefit period" defined.

Section 657.335 - Definitions for ORS 657.335 to 657.360.

Section 657.340 - Eligibility for benefits.

Section 657.345 - Approval of programs by director.

Section 657.357 - Apprenticeship program participants eligible for benefits; conditions.

Section 657.370 - Definitions for ORS 657.370 to 657.390.

Section 657.375 - Plan applications; approval by director.

Section 657.380 - Eligibility of employees; benefit limitation.

Section 657.385 - Method of paying benefits; amount; applicability of law to shared work plans; rules.

Section 657.390 - Employer charged for benefits in same manner as for regular or extended benefits; limitations.

Section 657.392 - Benefits subject to recovery as lien on real or personal property.

Section 657.394 - Filing of lien statement or warrant.

Section 657.396 - Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff.

Section 657.400 - Employment Department Special Fraud Control Fund; use of funds; Lost Wages Assistance benefit overpayments.

Section 657.415 - When employer ceases to be subject to this chapter.

Section 657.425 - Election of coverage for services that do not constitute employment as defined in this chapter.

Section 657.430 - Tax rates based on experience.

Section 657.435 - Base rate for first year.

Section 657.439 - Wage Security Program funding.

Section 657.457 - Penalty when employer fails to file contribution reports and pay contributions when due; notice of failure; waiver; rules.

Section 657.458 - Definitions for employer tax rate computations; exclusion of calendar years 2020 and 2021.

Section 657.459 - Computation of Fund Adequacy Percentage Ratio.

Section 657.462 - Computation of benefit ratio; grouping employers within cumulative taxable payroll percentage limits; assignment of rates.

Section 657.463 - Tax rate schedules.

Section 657.467 - Amounts included in fund adequacy percentage ratio computations.

Section 657.471 - Manner of charging benefits to employer; request for relief from charges.

Section 657.475 - Where a number of the same workers are normally employed by several employers; records; contributions; charging benefits.

Section 657.480 - Effect of transfer of trade or business; partial transfer; penalties; rules.

Section 657.485 - Notice of rate; request for hearing; procedure for redetermination.

Section 657.504 - Applicability of noncharging provisions.

Section 657.505 - Payment of and liability for taxes; rules.

Section 657.507 - Employer’s security for payment of contributions.

Section 657.508 - Failure to comply with ORS 657.507.

Section 657.509 - Taxes from political subdivisions and people’s utility districts; election; effect of canceling election; applicability of noncharging provisions.

Section 657.510 - Refunds.

Section 657.513 - Political subdivision contribution payments from Local Government Employer Benefit Trust Fund.

Section 657.515 - Delinquent taxes; interest; civil penalties; collection by civil action; settlement.

Section 657.516 - Liability of certain officers, members, partners and employees for amounts in default.

Section 657.517 - Authority of director to compromise or adjust debts or overpayments; determination of uncollectible amounts.

Section 657.535 - Liens under ORS 657.525 or 657.530; priority; filing statement of lien; foreclosure.

Section 657.540 - Lien on property of defaulting employer; recording; priority; foreclosure.

Section 657.542 - Filing liens and warrants with Secretary of State.

Section 657.545 - Release of ORS 657.540 lien by filing security.

Section 657.552 - Limitations on notices of assessment and on actions to collect contributions, interest and penalties.

Section 657.557 - Remedies for collection of contributions not exclusive; prevailing party in civil action to recover costs.

Section 657.565 - Unlawful practices of employer.

Section 657.571 - Quarterly or annual tax report; form; filing with Department of Revenue.

Section 657.575 - Repayment of default by nonprofit employing unit; conditions.

Section 657.601 - Employment Department.

Section 657.608 - Director; term; duties; compensation.

Section 657.610 - Director; powers and duties generally; rules.

Section 657.615 - Investigations and recommendations to legislature.

Section 657.620 - Determination of adequate fund reserve; modification of benefits and eligibility regulations in case of emergency.

Section 657.625 - Publication of rules, reports and information on Employment Department law.

Section 657.630 - Quasi-judicial powers in administrative hearings.

Section 657.642 - Alternative remedies for collection of taxes, interest and penalties; warrants; execution by sheriff.

Section 657.657 - Acquisition of land and offices.

Section 657.660 - Records and reports of employing units.

Section 657.663 - Penalty for failure by employer to file reports; amount; collection procedure; review of penalty.

Section 657.665 - Confidentiality of information.

Section 657.673 - Disclosure of wage information to consumer reporting agency; conditions.

Section 657.676 - Reconsideration of determinations; conditions; rules; hearing and review.

Section 657.679 - Determination that employing unit or employment is subject to this chapter; notice; application for hearing.

Section 657.681 - Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing.

Section 657.682 - Assessments against reorganized business entity.

Section 657.683 - Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682; decision of administrative law judge; amendment of decision.

Section 657.685 - Employment Appeals Board; confirmation; quorum; meetings; duties; staffing; rules.

Section 657.690 - Employment Appeals Board powers.

Section 657.695 - Employment Department Advisory Council; members; compensation and expenses.

Section 657.702 - Department to encourage volunteering.

Section 657.710 - Free public employment offices; contracts relating to workforce development system; public agencies to provide information on job vacancies.

Section 657.720 - Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service.

Section 657.730 - Workforce and labor market information system; rules.

Section 657.734 - Performance Reporting Information System; rules.

Section 657.747 - Department to inform employer and United States Department of Labor of employer’s noncompliance with certain federal requirements regarding federal forest maintenance activity.

Section 657.749 - Department actions when certain forest maintenance activity jobs listed.

Section 657.755 - Cooperation with federal agencies administering unemployment insurance laws.

Section 657.757 - Cooperation with federal agencies administering training or retraining programs and other assistance.

Section 657.760 - Reciprocal agreements on coverage and collection of contributions.

Section 657.765 - Reciprocal agreements concerning payroll taxes for out-of-state work.

Section 657.770 - Reciprocal agreements concerning wages used as basis for benefits.

Section 657.775 - Cooperation with other states on reciprocal basis for collection of contributions.

Section 657.780 - Agreements with governmental agencies to withhold benefits for child support obligations; rules.

Section 657.783 - Supplemental Employment Department Administration Fund.

Section 657.785 - Agreement for Interstate Reciprocal Overpayment Recovery Arrangement.

Section 657.805 - Unemployment Compensation Trust Fund.

Section 657.807 - Advances, under title XII of Social Security Act, to Unemployment Compensation Trust Fund.

Section 657.810 - Deposit and use of fund.

Section 657.812 - Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury.

Section 657.813 - Use of moneys made available under Social Security Act for administrative expenses.

Section 657.815 - Unemployment Compensation Benefit Fund.

Section 657.820 - Unemployment Compensation Administration Fund.

Section 657.822 - Employment Department Special Administrative Fund.

Section 657.823 - Employment Tax Guarantee Fund.

Section 657.825 - Expenditure of federal funds; restitution of moneys lost or improperly expended.

Section 657.830 - State Treasurer as custodian of funds.

Section 657.840 - Federal Advance Interest Repayment Fund; assessment of tax; applicability.

Section 657.855 - Benefits not assignable; waiver of rights invalid.

Section 657.870 - When operation of this chapter ceases.

Section 657.880 - Health care coverage for unemployed individuals; deduction of benefits.

Section 657.885 - "Health care coverage" defined.

Section 657.990 - Penalties.