72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3492
 
                         Senate Bill 877
 
Sponsored by Senator HANNON (at the request of Jean J. Moore,
  Medford)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires that individual who performs in-home care services be
considered independent contractor for purposes of unemployment
insurance laws.
 
                        A BILL FOR AN ACT
Relating to unemployment insurance for individuals performing
  in-home care services; creating new provisions; and amending
  ORS 657.040.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 657.040 is amended to read:
  657.040. (1) Services performed by an individual for
remuneration are deemed to be employment subject to this chapter
unless and until it is shown to the satisfaction of the Director
of the Employment Department that:
  (a) Such individual is an independent contractor, as that term
is defined in ORS 670.600; or
  (b) { + (A) + } Such individual has been and will continue to
be free from control or direction over the performance of such
services, both under a contract of service and in fact; and
    { - (c) - }   { + (B) + } Such individual customarily is
engaged in an independently established business of the same
nature as that involved in the contract of service.
  (2) A finding that an individual performed services for an
employing unit and earned less than the minimum amount necessary
to qualify for benefits under ORS 657.150 based on earnings from
that employing unit shall not be considered in determining
whether such service is employment under subsection (1) of this
section.
   { +  (3) Notwithstanding subsection (1) of this section and
ORS 670.600, an individual who performs in-home care services, as
defined in ORS 443.305, is deemed to be an independent contractor
whose services are not subject to this chapter. + }
  SECTION 2.  { + The amendments to ORS 657.040 by section 1 of
this 2003 Act apply to claims for unemployment benefits filed on
or after the effective date of this 2003 Act. + }
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