657.100 When
individual deemed “unemployed”; exclusions; rules. (1) An individual is deemed “unemployed”
in any week during which the individual performs no services and with respect
to which no remuneration for services performed is paid or payable to the
individual, or in any week of less than full-time work if the remuneration paid
or payable to the individual for services performed during the week is less
than the individual’s weekly benefit amount.
(2) For the
purposes of ORS 657.155 (1), an individual who performs full-time services in
any week for an employing unit is not unemployed even though remuneration is
neither paid nor payable to the individual for the services performed; however,
nothing in this subsection shall prevent an individual from meeting the
definition of “unemployed” as used in this section solely by reason of the
individual’s performance of volunteer services without remuneration for a
charitable institution or a governmental entity.
(3) An individual
may not be deemed “unemployed” under this section for any week in which the
individual is receiving family and medical leave insurance benefits under ORS
chapter 657B.
(4) The Director
of the Employment Department shall prescribe rules as the director deems
necessary with respect to the various types of unemployment. [Amended by 1981
c.77 §3; 2019 c.700 §54; 2021 c.30 §§2,4,6]
Notes of Decisions
Cited in
36
cases (
2 in the last 5 years), 1959–2023 · leading case:
Taylor v. Emp. Div., 597 P.2d 780 (Or. 1979).
Taylor v. Emp. Div., 597 P.2d 780 (Or. 1979).
· cites it 19× “"ORS 657.100 provides, in part: " 'An individual is deemed "unemployed” in any week during which he performs no services and with respect to which no wages are payable to him, or in any week of less than full-time work if the wages payable to him with respect to such week are…”
Springfield Educ. Ass'n v. Springfield Sch. Dist. No. 19, 621 P.2d 547 (Or. 1980).
“Because the definition was intended to be complete, there was no latitude for the agency to make its own legislative or policy decisions as to the coverage of the statute because there were none left to make.”
Cook v. Emp. Div., 614 P.2d 1193 (Or. Ct. App. 1980).
· cites it 2× “Petitioner appeals from an order of the Employment Appeals Board (Board) finding him ineligible for benefits under ORS 657.100 and 657.155 and liable to repay benefits overpaid to him in the amount of $2,261.”
Lane v. Emp. Dep't, 213 P.3d 9 (Or. Ct. App. 2009).
· cites it 2× “As noted, as support for that contention, he invokes OAR 471-030-0017(3), which provides, in part: “Allocating Remuneration: For purposes of ORS 657.100 and 657.150(6) remuneration or an applicable prorata share thereof shall be allocated as follows: *562 “(a) In the case of…”
Oliver v. Emp. Div., 595 P.2d 1252 (Or. Ct. App. 1979).
“ORS 657.100, 657.105, 657.150(3), 657.155(l)(a), 657.”
Teledyne Wah Chang Albany v. Emp. Div., 712 P.2d 154 (Or. Ct. App. 1985).
· cites it 8× “ORS 657.100(1) provides, in part: “An individual is deemed ‘unemployed’ in any week during which the individual performs no services and with respect to which no remuneration for services performed is paid or payable to the individual * * *.”
Hanna v. Emp. Div., 550 P.2d 758 (Or. Ct. App. 1976).
· cites it 3× “It did not pass on the other basis for the referee’s decision, that the claimant was not unemployed within the meaning of ORS 657.100. That section provides: "An individual is deemed 'unemployed’ in any week during which he performs no services and with respect to which no wages…”
Emp. Div. v. Ring, 803 P.2d 766 (Or. Ct. App. 1990).
· cites it 2× “Accordingly, she became “unemployed” after she was discharged by Central, ORS 657.100(1), 4 and was eligible for unemployment benefits.”
McIntyre v. Emp. Div., 598 P.2d 313 (Or. Ct. App. 1979).
“The dissent contends claimant was "neither 'unemployed’ nor 'available for work’ ” during her summer *195 layoff. 41 Or App at 199. "An individual is deemed 'unemployed’ in any week during which he performs no services and with respect to which no wages are payable to him * *…”
Emp. Div. v. Currin, 749 P.2d 609 (Or. Ct. App. 1988).
· cites it 2× ““Unemployment” is defined in ORS 657.100(1) as follows: “An individual is deemed ‘unemployed’ in any week during which the individual performs no services and with respect to which no remuneration for services performed is paid or payable to the individual, or in any week of…”
Teledyne Wah Chang Albany v. Emp. Div., 728 P.2d 26 (Or. 1986).
· cites it 7× “The first step in assessing a claim for unemployment compensation insurance is to determine whether the individual seeking benefits is “unemployed” within the meaning of ORS 657.100, if not in common parlance. If the individual is not unemployed, the inquiry stops there.”
Cook v. Emp. Div., 666 P.2d 264 (Or. Ct. App. 1983).
“215 from receiving benefits for a period of 26 weeks for wilful failure to report a material fact in order to obtain unemployment compensation benefits.”
— Or. Rev. Stat. § 657.100(1) — 12 cases
Teledyne Wah Chang Albany v. Emp. Div., 712 P.2d 154 (Or. Ct. App. 1985).
“ORS 657.100(1) provides, in part: “An individual is deemed ‘unemployed’ in any week during which the individual performs no services and with respect to which no remuneration for services performed is paid or payable to the individual * * *.”
Emp. Div. v. Ring, 803 P.2d 766 (Or. Ct. App. 1990).
“Accordingly, she became “unemployed” after she was discharged by Central, ORS 657.100(1), 4 and was eligible for unemployment benefits.”
Emp. Div. v. Currin, 749 P.2d 609 (Or. Ct. App. 1988).
““Unemployment” is defined in ORS 657.100(1) as follows: “An individual is deemed ‘unemployed’ in any week during which the individual performs no services and with respect to which no remuneration for services performed is paid or payable to the individual, or in any week of…”
Teledyne Wah Chang Albany v. Emp. Div., 728 P.2d 26 (Or. 1986).
“The first step in assessing a claim for unemployment compensation insurance is to determine whether the individual seeking benefits is “unemployed” within the meaning of ORS 657.100, if not in common parlance. If the individual is not unemployed, the inquiry stops there.”
— Or. Rev. Stat. § 657.100(2) — 1 case
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