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]
Notes of Decisions
Cited in
2
cases, 1976–1997 · leading case:
State v. Haynes, 942 P.2d 295 (Or. Ct. App. 1997).
State v. Haynes, 942 P.2d 295 (Or. Ct. App. 1997).
“005(1) (“ ‘[flirefighter’ means persons employed by a city, county or district whose duties involve fire fighting and includes a volunteer firefighter”); ORS 657.056(3) (“ ‘American vessel’ means any vessel documented or numbered under the law of the United States and includes…”
M/V Dake II Co. v. Emp. Div., 552 P.2d 846 (Or. Ct. App. 1976).
· cites it 2× “Prior to January 1972, ORS 657.056(4) provided as follows: " 'Employment’ shall not include services performed by an individual as an officer or member of the crew of a vessel under an employment contract by the terms of which such individual’s compensation or losses depend upon…”
Or. Rev. Stat. § 657.056(3): 1 case
State v. Haynes, 942 P.2d 295 (Or. Ct. App. 1997).
“005(1) (“ ‘[flirefighter’ means persons employed by a city, county or district whose duties involve fire fighting and includes a volunteer firefighter”); ORS 657.056(3) (“ ‘American vessel’ means any vessel documented or numbered under the law of the United States and includes…”
Or. Rev. Stat. § 657.056(4): 1 case
M/V Dake II Co. v. Emp. Div., 552 P.2d 846 (Or. Ct. App. 1976).
“Prior to January 1972, ORS 657.056(4) provided as follows: " 'Employment’ shall not include services performed by an individual as an officer or member of the crew of a vessel under an employment contract by the terms of which such individual’s compensation or losses depend upon…”
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