Title 51, Labor and Employment; Unlawful Discrimination

(1) Except as provided in subsection (2) of this section, the amount of back pay paid by an employer, or awarded by a judge or arbitrator, to an individual may not be reduced to reflect the amount of benefits that the individual received for the period for which the back pay was …

(1) An unemployed individual shall be eligible to receive benefits with respect to any week only if the Director of the Employment Department finds that: (a) The individual has registered for work at and thereafter has continued to report at an employment office in accordance wit…

(1) The Employment Department shall: (a) Identify eligible individuals who are likely to exhaust benefits payable under ORS 657.150 and who will need reemployment service assistance to make a successful transition to new employment; and (b) Refer individuals identified under para…

(1) As used in this section: (a)(A) “Regular benefits” means benefits payable to an individual under this chapter, including benefits payable to federal civilian employees and to ex-servicemembers under 5 U.S.C. chapter 85. (B) “Regular benefits” does not mean additional benefits…

(1) To satisfy the registration requirements of ORS 657.155 (1), an unemployed individual who submits a claim for benefits, at the request of the Director of the Employment Department or an authorized representative of the director, shall submit to the Oregon State Employment Ser…

No week shall be counted as a week of unemployment for the purposes of ORS 657.155 (1)(d): (1) Unless it occurs within the benefit year that includes the week for which the unemployed individual claims payment of benefits. (2) If benefits have been paid with respect thereto. (3) …

(1) Benefits based on service in an instructional, research or principal administrative capacity for an educational institution or institution of higher education shall be payable to an individual in the same amount, on the same terms and subject to the same conditions as benefit…

(1) If the Director of the Employment Department finds that during the base year of the individual any individual has been incapable of work during the greater part of any calendar quarter, such base year shall be extended a calendar quarter. Except as provided in subsection (2) …

(1)(a) Notwithstanding ORS 657.010 (1), in the case of an individual who is not eligible for benefits under ORS 657.150 (2) using the definition in ORS 657.010 (1), “base year” means the last four completed calendar quarters preceding the benefit year, if use of this alternate de…

(1) An authorized representative designated by the Director of the Employment Department shall promptly examine each claim to determine whether an individual is subject to disqualification as a result of a separation, termination, leaving, resignation or disciplinary suspension f…

(1) Notwithstanding provisions of this chapter relating to being available for work, actively seeking work or refusing to accept work, an unemployed individual otherwise eligible for unemployment insurance benefits shall not be denied benefits because the individual is in trainin…

Benefits shall not be paid on the basis of services performed by a noncitizen unless the noncitizen is an individual who was lawfully admitted to the United States for permanent residence at the time such services were performed, was lawfully present for purposes of performing su…

Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week of unemployment which commences during the period between two succe…

In determining whether any work is suitable for an individual, the Director of the Employment Department shall consider, among other factors, the degree of risk involved to the health, safety and morals of the individual, the physical fitness and prior training, experience and pr…

(1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) If the position offered is vaca…

(1) Notwithstanding the provisions of this chapter relating to availability for work, actively seeking work or refusal to accept suitable work, an individual who is otherwise eligible for benefits is not disqualified for benefits or waiting week credit for any week with respect t…

(1) As used in this section, “temporary lockout benefits” means benefits payable as provided in this section to individuals who are unemployed due to a lockout. (2) An individual is eligible to receive temporary lockout benefits for a week in an amount equal to the weekly benefit…

(1) Benefits charged to a school district or an education service district for weeks during a labor dispute shall count toward the total compensation in the applicable collective bargaining agreement of the employee who received the benefits. (2) The district shall deduct from th…

(1) Subject to the provisions of subsections (2) to (5) of this section, an individual is disqualified for benefits for any week with respect to which the individual is receiving, will receive, or has received a governmental or other pension, retirement or retired pay, annuity, o…

An individual is disqualified for benefits for any week with respect to which or a part of which the individual has received, will receive or is claiming unemployment benefits under an unemployment insurance law of another state, the United States or any other governmental jurisd…

(1) Upon conviction of any person by a court of competent jurisdiction of willfully making a false statement or misrepresentation, or willfully failing to report a material fact, to obtain any benefits under this chapter, in addition to any penalties imposed by the court, such pe…

An individual is disqualified for benefits for a period not to exceed 52 weeks whenever the Director of the Employment Department finds that the individual has willfully made a false statement or misrepresentation, or willfully failed to report a material fact, to obtain any bene…

(1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution or institution of higher education shall be payable to an individual in the same amount, on the same terms and subject to the same…

(1) Benefits shall be payable from the fund and shall be paid through employment offices, in accordance with such regulations as the Director of the Employment Department may prescribe. (2) In the event of the death of any person to whom benefits are due under this chapter, but w…

(1) Claims for benefits shall be filed in accordance with such regulations as the Director of the Employment Department may prescribe. (2) Each employer shall post and maintain printed statements concerning such regulations or such other matters as the director may by regulation …

(1) An employer listed in subsection (2) of this section: (a) May not inform an employee of the employer that the employee is ineligible for benefits unless the Director of the Employment Department has reviewed the employee’s claim for benefits and determined that the employee i…

When a claimant files an initial claim or an additional claim, the Employment Department promptly shall give written notice of the claim filing to the claimant’s most recent employing unit or agent of the employing unit. If the claimant did not receive or will not receive remuner…

(1) An authorized representative shall promptly examine each new claim for benefits and, on the basis of information available, determine the total amount of wages paid to the claimant during the base year and whether or not such amount is sufficient to qualify the claimant for b…

(1) An authorized representative shall promptly examine each claim for waiting week credit or for benefits and, on the basis of the facts available, make a decision to allow or deny the claim. Information furnished by the claimant, the employer or the employer’s agents on forms p…

When a base-year employer files information in writing with the Director of the Employment Department within 10 days of its knowledge of an occurrence raising any issue not previously decided based upon specific investigation, an authorized representative shall promptly reexamine…

(1)(a) Unless the claimant or one of the employing units or agents of the employing units entitled to notice under ORS 657.267 or 657.268 files a request for hearing upon the decision with the Director of the Employment Department in a timely manner as determined under subsection…

(1) When a request for hearing upon the claim has been filed, as provided in ORS 657.266 to 657.269, an administrative law judge from the Office of Administrative Hearings established under ORS 183.605 shall be assigned to conduct the hearing. (2)(a) The Director of the Employmen…

Notwithstanding ORS 43.130 and 43.160, the decisions, findings, conclusions, final orders and judgments that arise out of hearings under ORS 657.270, review proceedings under ORS 657.275 and judicial review proceedings under ORS 657.282: (1) May not be used for the purpose of cla…

(1) If the Director of the Employment Department or any interested party files with the Employment Appeals Board a timely application for review, the board shall promptly affirm, modify or set aside the decision of the administrative law judge. The board shall promptly notify the…

(1) The manner in which disputed claims shall be presented and the reports thereon required from the claimant and from the employers shall be in accordance with the regulations prescribed by the Director of the Employment Department. (2) A full and complete record shall be kept o…

Judicial review of decisions under ORS 657.275 shall be as provided for review of orders in contested cases in ORS chapter 183, except that the petition shall be filed within 30 days after the order is served. The Director of the Employment Department may file petition for judici…

(1) The Director of the Employment Department, upon motion of the director or upon application of any party to a claim for benefits, may at any time reconsider any final decision under this chapter. Reconsideration may occur when there is evidence of: (a) Errors of computation; (…

(1) Witnesses other than parties subpoenaed in proceedings involving ORS 657.265, 657.266 to 657.269, 657.270 to 657.280 or 657.290 shall be allowed fees at a rate fixed by the Director of the Employment Department. Fees and all expenses of proceedings before the director or the …

No employer or employer’s agent shall intentionally and willfully make or cause to be made false statements or willfully fail to report a material fact regarding the claim of a claimant or regarding a claimant or claimant’s eligibility for benefits under this chapter. [Amended by…

The Director of the Employment Department or an authorized representative designated by the director may combine a decision under ORS 657.266, 657.267 or 657.268 with a decision under ORS 657.310 or 657.315. [2005 c.182 §2]

(1) This section applies to an individual who, according to a decision of the Director of the Employment Department, received any benefits to which the individual is not entitled because the individual: (a) Regardless of the individual’s knowledge or intent, made or caused to be …

(1) The Director of the Employment Department may enter into an intergovernmental agreement with the federal government for the purposes of: (a) Offsetting against liquidated state debt moneys that the federal government owes to the debtor; and (b) Sharing information as necessar…

(1)(a) If the Director of the Employment Department decides that an individual has been paid benefits to which the individual is not entitled because of an error not due to the individual providing a false statement or misrepresentation of a material fact or not disclosing a mate…

(1) The Director of the Employment Department shall waive recovery of overpaid benefits under ORS 657.315 if the director finds that the benefits are recoverable due to a change in federal or state law, the application of which has caused the disqualification of benefits previous…

(1)(a) If any amount paid to an individual as benefits, for which the individual has been found liable under the provisions of ORS 657.310 to repay or to have deducted from benefits payable, has neither been repaid nor deducted within a period of five years following the date the…

As used in ORS 657.321 to 657.329 unless the context requires otherwise: (1) “Eligibility period” of an individual means: (a) The period consisting of the weeks in the individual’s benefit year that begin in an extended benefit period and, if the benefit year ends within the exte…

The provisions of this chapter relating to the payment of regular benefits shall apply to claims for and the payment of extended benefits, except when the result would be inconsistent with the provisions of ORS 657.321 to 657.329. [1971 c.2 §3]

(1) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual’s eligibility period only if the Director of the Employment Department finds that with respect to such week the individual: (a) Is an exhaustee; (b) Has sat…

Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period,…

(1) Whenever an extended benefit period is to become effective in this state as a result of a state “on” indicator, or an extended benefit period is to be terminated in this state as a result of a state “off” indicator, the Director of the Employment Department shall make an appr…