Subject
worker (ORS 656.027)
All workers are subject to this chapter except those nonsubject workers described
in the following subsections:
(1) A worker employed
as a domestic servant in or about a private home. For the purposes of this subsection
“domestic servant” means any worker engaged in household domestic service
by private employment contract, including, but not limited to, home health workers.
(2) A worker employed
to do gardening, maintenance, repair, remodeling or similar work in or about the private
home of the person employing the worker.
(3)(a) A worker whose
employment is casual and either:
(A) The employment is
not in the course of the trade, business or profession of the employer; or
(B) The employment is
in the course of the trade, business or profession of a nonsubject employer.
(b) For the purpose of
this subsection, “casual” refers only to employments where the work in any
30-day period, without regard to the number of workers employed, involves a total labor
cost of less than $500.
(4) A person for whom
a rule of liability for injury or death arising out of and in the course of employment
is provided by the laws of the United States.
(5) A worker engaged
in the transportation in interstate commerce of goods, persons or property for hire
by rail, water, aircraft or motor vehicle, and whose employer has no fixed place of
business in this state.
(6) Firefighter and police
employees of any city having a population of more than 200,000 that provides a disability
and retirement system by ordinance or charter.
(7)(a) Sole proprietors,
except those described in paragraph (b) of this subsection. When labor or services
are performed under contract, the sole proprietor must qualify as an independent contractor.
(b) Sole proprietors
actively licensed under ORS 671.525 or 701.035. When labor or services are performed
under contract for remuneration, notwithstanding ORS 656.005 (30), the sole proprietor
must qualify as an independent contractor. Any sole proprietor licensed under ORS 671.525
or 701.035 and involved in activities subject thereto is conclusively presumed to be
an independent contractor.
(8) Except as provided
in subsection (23) of this section, partners who are not engaged in work performed
in direct connection with the construction, alteration, repair, improvement, moving
or demolition of an improvement on real property or appurtenances thereto. When labor
or services are performed under contract, the partnership must qualify as an independent
contractor.
(9) Except as provided
in subsection (25) of this section, members, including members who are managers, of
limited liability companies, regardless of the nature of the work performed. However,
members, including members who are managers, of limited liability companies with more
than one member, while engaged in work performed in direct connection with the construction,
alteration, repair, improvement, moving or demolition of an improvement on real property
or appurtenances thereto, are subject workers. When labor or services are performed
under contract, the limited liability company must qualify as an independent contractor.
(10) Except as provided
in subsection (24) of this section, corporate officers who are directors of the corporation
and who have a substantial ownership interest in the corporation, regardless of the
nature of the work performed by such officers, subject to the following limitations:
(a) If the activities
of the corporation are conducted on land that receives farm use tax assessment pursuant
to ORS chapter 308A, corporate officer includes all individuals identified as directors
in the corporate bylaws, regardless of ownership interest, and who are members of the
same family, whether related by blood, marriage or adoption.
(b) If the activities
of the corporation involve the commercial harvest of timber and all officers of the
corporation are members of the same family and are parents, daughters or sons, daughters-in-law
or sons-in-law or grandchildren, then all such officers may elect to be nonsubject
workers. For all other corporations involving the commercial harvest of timber, the
maximum number of exempt corporate officers for the corporation shall be whichever
is the greater of the following:
(A) Two corporate officers;
or
(B) One corporate officer
for each 10 corporate employees.
(c) When labor or services
are performed under contract, the corporation must qualify as an independent contractor.
(11) A person performing
services primarily for board and lodging received from any religious, charitable or
relief organization.
(12) A newspaper carrier
utilized in compliance with the provisions of ORS 656.070 and 656.075.
(13) A person who has
been declared an amateur athlete under the rules of the United States Olympic Committee
or the Canadian Olympic Committee and who receives no remuneration for performance
of services as an athlete other than board, room, rent, housing, lodging or other reasonable
incidental subsistence allowance, or any amateur sports official who is certified by
a recognized Oregon or national certifying authority, which requires or provides liability
and accident insurance for such officials. A roster of recognized Oregon and national
certifying authorities will be maintained by the Department of Consumer and Business
Services, from lists of certifying organizations submitted by the Oregon School Activities
Association and the Oregon Park and Recreation Society.
(14) Volunteer personnel
participating in the ACTION programs, organized under the Domestic Volunteer Service
Act of 1973, P.L. 93-113, known as the Foster Grandparent Program and the Senior Companion
Program, whether or not the volunteers receive a stipend or nominal reimbursement for
time and travel expenses.
(15) A person who has
an ownership or leasehold interest in equipment and who furnishes, maintains and operates
the equipment. As used in this subsection “equipment” means:
(a) A motor vehicle used
in the transportation of logs, poles or piling.
(b) A motor vehicle used
in the transportation of rocks, gravel, sand, dirt or asphalt concrete.
(c) A motor vehicle used
in the transportation of property by a for-hire motor carrier that is required under
ORS 825.100 or 825.104 to possess a certificate or permit or to be registered.
(16) A person engaged
in the transportation of the public for recreational down-river boating activities
on the waters of this state pursuant to a federal permit when the person furnishes
the equipment necessary for the activity. As used in this subsection, “recreational
down-river boating activities” means those boating activities for the purpose
of recreational fishing, swimming or sightseeing utilizing a float craft with oars
or paddles as the primary source of power.
(17) A person who performs
volunteer ski patrol activities who receives no wage other than noncash remuneration.
(18) A person 19 years
of age or older who contracts with a newspaper publishing company or independent newspaper
dealer or contractor to distribute newspapers to the general public and perform or
undertake any necessary or attendant functions related thereto.
(19) A person performing
foster parent or adult foster care duties pursuant to ORS 412.001 to 412.161 and 412.991
or ORS chapter 411, 418, 430 or 443.
(20) A person performing
services on a volunteer basis for a nonprofit, religious, charitable or relief organization,
whether or not such person receives meals or lodging or nominal reimbursements or vouchers
for meals, lodging or expenses.
(21) A person performing
services under a property tax work-off program established under ORS 310.800.
(22) A person who performs
service as a caddy at a golf course in an established program for the training and
supervision of caddies under the direction of a person who is an employee of the golf
course.
(23)(a) Partners who
are actively licensed under ORS 671.525 or 701.035 and who have a substantial ownership
interest in a partnership. If all partners are members of the same family and are parents,
spouses, sisters, brothers, daughters or sons, daughters-in-law or sons-in-law or grandchildren,
all such partners may elect to be nonsubject workers. For all other partnerships licensed
under ORS 671.510 to 671.760 or ORS chapter 701, the maximum number of exempt partners
shall be whichever is the greater of the following:
(A) Two partners; or
(B) One partner for each
10 partnership employees.
(b) When labor or services
are performed under contract for remuneration, notwithstanding ORS 656.005 (30), the
partnership qualifies as an independent contractor. Any partnership licensed under
ORS 671.525 or 701.035 and involved in activities subject thereto is conclusively presumed
to be an independent contractor.
(24)(a) Corporate officers
who are directors of a corporation actively licensed under ORS 671.525 or 701.035 and
who have a substantial ownership interest in the corporation, regardless of the nature
of the work performed. If all officers of the corporation are members of the same family
and are parents, spouses, sisters, brothers, daughters or sons, daughters-in-law or
sons-in-law or grandchildren, all such officers may elect to be nonsubject workers.
For all other corporations licensed under ORS 671.510 to 671.760 or ORS chapter 701,
the maximum number of exempt corporate officers shall be whichever is the greater of
the following:
(A) Two corporate officers;
or
(B) One corporate officer
for each 10 corporate employees.
(b) When labor or services
are performed under contract for remuneration, notwithstanding ORS 656.005 (30), the
corporation qualifies as an independent contractor. Any corporation licensed under
ORS 671.525 or 701.035 and involved in activities subject thereto is conclusively presumed
to be an independent contractor.
(25)(a) Limited liability
company members who are members of a company actively licensed under ORS 671.525 or
701.035 and who have a substantial ownership interest in the company, regardless of
the nature of the work performed. If all members of the company are members of the
same family and are parents, spouses, sisters, brothers, daughters or sons, daughters-in-law
or sons-in-law or grandchildren, all such members may elect to be nonsubject workers.
For all other companies licensed under ORS 671.510 to 671.760 or ORS chapter 701, the
maximum number of exempt company members shall be whichever is the greater of the following:
(A) Two company members;
or
(B) One company member
for each 10 company employees.
(b) When labor or services
are performed under contract for remuneration, notwithstanding ORS 656.005 (30), the
company qualifies as an independent contractor. Any company licensed under ORS 671.525
or 701.035 and involved in activities subject thereto is conclusively presumed to be
an independent contractor.
(26) A person serving
as a referee or assistant referee in a youth or adult recreational soccer match whose
services are retained on a match-by-match basis.
(27) A person performing
language translator or interpreter services that are provided for others through an
agent or broker.
(28) A person who operates,
and who has an ownership or leasehold interest in, a passenger motor vehicle that is
operated as a taxicab or for nonemergency medical transportation. As used in this subsection:
(a) “Lease”
means a contract under which the lessor provides a vehicle to a lessee for consideration.
(b) “Leasehold”
includes, but is not limited to, a lease for a shift or a longer period.
(c) “Passenger motor
vehicle that is operated as a taxicab” means a vehicle that:
(A) Has a passenger seating
capacity that does not exceed seven persons;
(B) Is transporting persons,
property or both on a route that begins or ends in Oregon; and
(C)(i) Carries passengers
for hire when the destination and route traveled may be controlled by a passenger and
the fare is calculated on the basis of any combination of an initial fee, distance
traveled or waiting time; or
(ii) Is in use under
a contract to provide specific service to a third party to transport designated passengers
or to provide errand services to locations selected by the third party.
(d) “Passenger motor
vehicle that is operated for nonemergency medical transportation” means a vehicle
that:
(A) Has a passenger seating
capacity that does not exceed seven persons;
(B) Is transporting persons,
property or both on a route that begins or ends in Oregon; and
(C) Provides medical
transportation services under contract with or on behalf of a mass transit or transportation
district.
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