657.150 Amount
of benefits; length of employment and wages necessary to qualify for benefits;
rules. (1) An
individual shall be paid benefits for weeks during the benefit year in an
amount that is to be determined by taking into account the individual’s work in
subject employment in the base year as provided in this section.
(2)(a) To qualify
for benefits an individual must have:
(A) Worked in
subject employment in the base year with total base year wages of $1,000 or
more and have total base year wages equal to or in excess of one and one-half
times the wages in the highest quarter of the base year; and
(B) Have earned
wages in subject employment equal to six times the individual’s weekly benefit
amount in employment for service performed subsequent to the beginning of a
preceding benefit year if benefits were paid to the individual for any week in
the preceding benefit year.
(b) If the
individual does not meet the requirements of paragraph (a)(A) of this
subsection, the individual may qualify for benefits if the individual has
worked a minimum of 500 hours in employment subject to this chapter during the
base year.
(3) If the wages
paid to an individual are not based upon a fixed period of time or if wages are
paid at irregular intervals or in such manner as not to extend regularly over
the period of employment, for the purposes of subsections (2) to (5) of this section,
the individual’s wages shall be allocated in accordance with rules prescribed
by the Director of the Employment Department. Such rules shall, insofar as
possible, produce results the same as those that would exist if the individual
had been paid wages at regular intervals. The director may adopt rules to
attribute hours of work to an individual if the individual is not paid on an
hourly basis or if the employer does not report the number of hours worked.
(4)(a) An
eligible individual’s weekly benefit amount shall be 1.25 percent of the total
wages paid in the individual’s base year. However, such amount shall not be
less than the minimum, nor more than the maximum weekly benefit amount.
(b) The minimum
weekly benefit amount shall be 15 percent (0.1500) of the state average weekly
covered wage for the preceding calendar year, effective for any benefit year
commencing on and after the week that includes July 4, 1975, and the week that
includes each July 4 thereafter.
(c) The maximum
weekly benefit amount shall be:
(A) Fifty-five
percent (0.5500) of the state average weekly covered wage for calendar year
1979, effective for any benefit year commencing with and after the week that
includes July 4, 1980, and through any benefit year commencing with the week
that includes June 27, 1981.
(B) Fifty-five
percent (0.5500) of the state average weekly covered wage for calendar year
1980, effective for any benefit year commencing with and after the week that
includes July 4, 1981, through any benefit year commencing with the week that
includes September 27, 1981.
(C) Fifty-eight
percent (0.5800) of the state average weekly covered wage for calendar year
1980, effective for any benefit year commencing with and after the week that
includes October 4, 1981, through any benefit year commencing with the week
that includes June 27, 1982.
(D) Sixty percent
(0.6000) of the state average weekly covered wage for calendar year 1981,
effective for any benefit year commencing with and after the week that includes
July 4, 1982, through any benefit year commencing with the week that includes
June 27, 1983.
(E) Sixty-four
percent (0.6400) of the state average covered weekly wage for the preceding
calendar year, effective for any benefit year commencing with and after the
week that includes July 4, 1983, and the week that includes each July 4
thereafter.
(d) All weekly
benefit amounts, if not a multiple of $1, shall be computed to the next lower
multiple of $1.
(e) For the
purposes of this subsection, the state average weekly covered wage means an
amount determined by the Employment Department by dividing the total wages paid
by subject employers during the year by 52 times the average monthly employment
reported by subject employers for the year.
(5) Benefits paid
to an eligible individual in a benefit year shall not exceed 26 times the
individual’s weekly benefit amount, or one-third of the base year’s wages paid,
whichever is the lesser. If such amount is not a multiple of $1, it shall be
computed to the next lower multiple of $1.
(6) An eligible
unemployed individual who has employment in any week shall have the individual’s
weekly benefit amount reduced, but not below zero, by the amount of earnings
paid or payable that exceeds the greater of:
(a) Ten times the
minimum hourly wage established by the laws of this state; or
(b) One-third of
the individual’s weekly benefit amount.
(7) Payment that
has been, is or will be paid to an individual for a holiday or vacation shall
be considered as earnings in the determination of the amount of benefits
payable with respect to the week in which the holiday or vacation falls in the
same manner as provided in subsection (6) of this section. However, if payment
for the holiday or vacation is paid more than 45 days prior to the holiday or
vacation or is delayed more than 45 days following the end of the week in which
the holiday or vacation falls, the provisions of this section do not apply and
previously reduced benefits shall be adjusted accordingly.
(8) Payment that
has been or is paid to an individual as back pay shall be considered as
earnings in the determination of the amount of benefits payable with respect to
the period for which the back pay has been or is paid.
(9) Payment that
has been, or will be, made to an individual as a member of a reserve component
of the Armed Forces of the United States, including the organized militia of
the State of Oregon, for the performance of inactive duty training shall not be
considered as earnings in the determination of the amount of benefits payable. [1955
c.655 §15; 1957 c.699 §1; 1959 c.567 §1; 1961 c.211 §1; 1963 c.441 §1; 1967
c.434 §1; 1969 c.569 §1; 1971 c.463 §13; 1971 c.521 §1; 1973 c.146 §1; 1973
c.535 §1; 1975 c.661 §2; 1977 c.670 §1; 1981 c.77 §10; 1981 c.751 §1; 1983 c.51
§1; 1987 c.257 §1; 1989 c.897 §1; 1995 c.104 §1; 1995 c.105 §4; 1995 c.153 §1;
2020 s.s.2 c.1 §§1,3; 2021 c.388 §§5,6]
Notes of Decisions
Pam's Carpet Serv., Inc. v. Emp. Div., 613 P.2d 52 (Or. Ct. App. 1980).
· cites it 10× “ORS 657.150 requires that unemployment compensation claimants have earned certain minimum amounts in order to be eligible for benefits.”
State v. Burris, 518 P.3d 891 (Or. 2022).
· cites it 3× “Thus ‘ORS 657.150 to 657.215’ was changed to ‘ORS 657.”
Lane v. Emp. Dep't, 213 P.3d 9 (Or. Ct. App. 2009).
· cites it 2× “100; and (2) when determining, under ORS 657.150(6), whether “[a]n eligible unemployed individual who has employment in any week” has, as a consequence, a reduction in that week’s unemployment benefits in light of the earnings from the employment.”
McKean-Coffman v. Emp. Div., 824 P.2d 410 (Or. 1992).
“ORS 657.150 et seq. 3 *546 The Employment Division (Division) denied claimant unemployment benefits on the ground that she had received a lump sum payment of retirement funds when her employment terminated, which she could have received in the form of periodic payments, and that…”
Sharp v. Emp. Div., 615 P.2d 374 (Or. Ct. App. 1980).
· cites it 5× “"ORS 657.150 2 requires that unemployment compensation claimants have earned certain minimum *742 amounts in order to be eligible for benefits.”
Carpet Mill & Lighthouse v. Emp. Div., 642 P.2d 354 (Or. Ct. App. 1982).
· cites it 2× “While compensation in amounts less them the minimum specified in ORS 657.150 may tip the scale toward lack of ecomonic independency once a colorable claim of being an independent contractor has been made, the opposite does not necessarily follow.”
Tracy v. Emp. Div., 565 P.2d 403 (Or. Ct. App. 1977).
· cites it 9× “We adopt as our opinion in this case the following abstracts from respondent’s brief: "The sole issue in this case is whether petitioner satisfied the requirements of ORS 657.150 so as to be eligible for unemployment compensation.”
Bergun v. Emp. Div., 726 P.2d 1202 (Or. Ct. App. 1986).
· cites it 8× “ORS 657.150(8) provides that vacation pay is not considered as earnings in determining the amount of unemployment benefits payable.”
Laing v. Emp. Div., 850 P.2d 1136 (Or. Ct. App. 1993).
· cites it 8× “150(3) is pertinent for reporting purposes, the statute limits its application to subsections (2) to (5) of ORS 657.150, which set forth the formula for calculating base year wages.”
Emp. Div. v. Ring, 803 P.2d 766 (Or. Ct. App. 1990).
· cites it 3× “Claimant appealed to EAB, which set aside the referee’s decision. It ruled that claimant had provided no services to her employer during the weeks at issue and that the amount of back pay received did not reduce her unemployment benefits under ORS 657.”
Stanley v. Emp. Div., 607 P.2d 1195 (Or. Ct. App. 1979).
· cites it 5× “This case turns on an interpretation of ORS 657.150(8), which reads: *910 "Payment made to an individual for vacation taken shall be considered in the determination of the amount of benefits payable with respect to the vacation period in the same manner as provided in subsection…”
Teledyne Wah Chang Albany v. Emp. Div., 712 P.2d 154 (Or. Ct. App. 1985).
· cites it 4× “Because Stanley involved the effect of vacation payments on unemployment benefits, the case turned on an interpretation of ORS 657.150(8) (amended by Or Laws 1983, ch 51, §1), which provided: 3 “Payment made to an individual for vacation taken shall be considered in the…”
— Or. Rev. Stat. § 657.150(1) — 2 cases
Tracy v. Emp. Div., 565 P.2d 403 (Or. Ct. App. 1977).
“We adopt as our opinion in this case the following abstracts from respondent’s brief: "The sole issue in this case is whether petitioner satisfied the requirements of ORS 657.150 so as to be eligible for unemployment compensation.”
— Or. Rev. Stat. § 657.150(10) — 2 cases
— Or. Rev. Stat. § 657.150(2) — 8 cases
— Or. Rev. Stat. § 657.150(2)(a) — 1 case
— Or. Rev. Stat. § 657.150(2)(a)(B) — 1 case
— Or. Rev. Stat. § 657.150(3) — 2 cases
Laing v. Emp. Div., 850 P.2d 1136 (Or. Ct. App. 1993).
“150(3) is pertinent for reporting purposes, the statute limits its application to subsections (2) to (5) of ORS 657.150, which set forth the formula for calculating base year wages.”
— Or. Rev. Stat. § 657.150(6) — 10 cases
Lane v. Emp. Dep't, 213 P.3d 9 (Or. Ct. App. 2009).
“100; and (2) when determining, under ORS 657.150(6), whether “[a]n eligible unemployed individual who has employment in any week” has, as a consequence, a reduction in that week’s unemployment benefits in light of the earnings from the employment.”
Emp. Div. v. Ring, 803 P.2d 766 (Or. Ct. App. 1990).
“Claimant appealed to EAB, which set aside the referee’s decision. It ruled that claimant had provided no services to her employer during the weeks at issue and that the amount of back pay received did not reduce her unemployment benefits under ORS 657.”
Laing v. Emp. Div., 850 P.2d 1136 (Or. Ct. App. 1993).
“150(3) is pertinent for reporting purposes, the statute limits its application to subsections (2) to (5) of ORS 657.150, which set forth the formula for calculating base year wages.”
— Or. Rev. Stat. § 657.150(7) — 4 cases
— Or. Rev. Stat. § 657.150(8) — 7 cases
Stanley v. Emp. Div., 607 P.2d 1195 (Or. Ct. App. 1979).
“This case turns on an interpretation of ORS 657.150(8), which reads: *910 "Payment made to an individual for vacation taken shall be considered in the determination of the amount of benefits payable with respect to the vacation period in the same manner as provided in subsection…”
Teledyne Wah Chang Albany v. Emp. Div., 712 P.2d 154 (Or. Ct. App. 1985).
“Because Stanley involved the effect of vacation payments on unemployment benefits, the case turned on an interpretation of ORS 657.150(8) (amended by Or Laws 1983, ch 51, §1), which provided: 3 “Payment made to an individual for vacation taken shall be considered in the…”
Bergun v. Emp. Div., 726 P.2d 1202 (Or. Ct. App. 1986).
“ORS 657.150(8) provides that vacation pay is not considered as earnings in determining the amount of unemployment benefits payable.”
— Or. Rev. Stat. § 657.150(9) — 3 cases
Bergun v. Emp. Div., 726 P.2d 1202 (Or. Ct. App. 1986).
“ORS 657.150(8) provides that vacation pay is not considered as earnings in determining the amount of unemployment benefits payable.”
— Or. Rev. Stat. § 657.150(9)(b) — 2 cases
Bergun v. Emp. Div., 726 P.2d 1202 (Or. Ct. App. 1986).
“ORS 657.150(8) provides that vacation pay is not considered as earnings in determining the amount of unemployment benefits payable.”
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