Oregon § 657.055 - [Amended by 1959 c.405 4; repealed by 1961 c.349 3]

§ 657.055. [Amended by 1959 c.405 4; repealed by 1961 c.349 3]

657.055 [Amended by 1959 c.405 4; repealed by 1961 c.349 3]

657.056 Employment; maritime service. (1) Employment includes an individual s entire service as an officer or member of a crew of an American vessel wherever performed and whether in intrastate or interstate or foreign commerce, if the employer maintains within this state at the beginning of the pay period an operating office from which the operations of the vessel are ordinarily and regularly supervised, managed, directed and controlled.

(2) The term employment shall not include:

(a) Services performed as an officer or member of the crew of a vessel not an American vessel; or

(b) Services performed by an individual not a United States citizen on or in connection with an American vessel under a contract of service which is not entered into within the United States and during the performance of which the vessel does not touch a port of the United States.

(3) American vessel means any vessel documented or numbered under the law of the United States and includes any vessel which is neither documented nor numbered under the laws of the United States nor documented under the laws of any foreign country if its crew is employed solely by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state. [1961 c.349 2; 1971 c.463 8]

657.060 Employment; family service and foster care excluded. (1) Employment does not include service performed by a person in the employ of a son, daughter, or spouse, and service performed by a child under the age of 18 in the employ of the father or mother.

(2) Employment does not include service performed as foster care parents certified by the Department of Human Services or approved by a child-caring agency as defined in ORS 418.205. [Amended by 1975 c.334 1; 1987 c.857 1; 2016 c.106 55]

657.065 Employment; governmental service excluded; exceptions. (1) Employment does not include service performed in the employ of the United States Government or any instrumentality of the United States, except that if the Congress of the United States permits states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment insurance law, then, to the extent permitted by Congress, and after the date such permission becomes effective, this chapter shall be effective as to such instrumentalities and as to services performed for such instrumentalities in the same manner, to the same extent and on the same terms as to all other employers, employing units, individuals and services. However, if this state is not certified by the Secretary of Labor under section 3304(c) of title 26, United States Code, for any year, then the payments required of such instrumentalities with respect to such year shall be deemed to have been erroneously collected within the meaning of ORS 657.510 and shall be refunded by the Director of the Employment Department from the fund in accordance with ORS 657.510.

(2) Employment does not include services that are performed in the employ of the state, any political subdivision or instrumentality of the state or an Indian tribe:

(a) As an elected public official.

(b) In a position that, under or pursuant to laws of this state or tribal laws, is designated as a policymaking or advisory position the performance of the duties of which ordinarily does not require more than eight hours per week.

(c) As an employee serving on a temporary basis in case of fire, storm, earthquake, flood or similar emergency.

(d) As a member of a legislative body or a member of the judiciary.

(e) By an adult in custody in a custodial or penal institution when such services are performed for the custodial or penal institution in which the adult in custody is confined.

(f) As a member of the Oregon Army National Guard or Oregon Air National Guard.

(3) The provisions of ORS 657.425 permitting election of coverage for services that do not constitute employment do not apply to services performed as an elected public or tribal official.

(4) Notwithstanding the provisions of ORS 657.025, employer means any state government, political subdivision or Indian tribe employing unit. [Amended by 1955 c.655 4; 1957 c.682 2; subsection (2) enacted as 1957 c.682 4; 1959 c.398 2; 1959 c.665 1; 1961 c.452 1; 1969 c.275 1; 1971 c.463 9; 1973 c.715 2; 1975 c.156 2; 1977 c.446 3; 2001 c.572 7; 2019 c.213 114]

657.067 Employment; community work and training programs excluded; work study, work experience and work incentive programs excluded; exceptions. (1) As used in this chapter, employment does not include service performed or participation by applicants, recipients, beneficiaries, participants, trainees or volunteers:

(a) In a community work and training program, as defined in ORS 411.855.

(b) In an unemployment work-relief or work-training program when the program is within the meaning of section 3309(b)(5) of the Federal Unemployment Tax Act, as amended.

(c) In the Work Incentive Program, Title IV of the Social Security Act (United States Public Law 90-248), as amended.

(d) In an AmeriCorps service program under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).

(2) The exclusions stated in subsection (1)(b) and (c) of this section do not apply to services performed by an individual participating in a program that, by federal law or regulation, requires unemployment insurance coverage to be provided to the individual. [1961 c.631 6; 1965 c.291 4; 1967 c.130 9; 1975 c.107 2; 1977 c.294 2; 1979 c.267 1; 1985 c.565 87; 1987 c.857 3; 2005 c.372 1]