- (1) If a person, including a person that is a sole proprietorship, that is responsible to provide coverage for an individual performing labor under ORS 656.029, fails to comply with ORS 656.017, that person is considered a noncomplying employer. As used in this section, “sole proprietorship” means a business entity or individual who performs labor without the assistance of others.
- (2) As used in ORS 656.029, "the performance of labor where such labor is a normal and customary part or process of the person’s trade or business" includes the day-to-day activities or operations which are necessary to successfully carry out the business or trade.
- (3) A person contracting to pay remuneration for professional real estate activity as defined in ORS chapter 696, to a qualified real estate broker as defined in ORS 316.209, is not an employer of the qualified real estate broker, and is not required to provide coverage under ORS 656.017.
Statutory/Other Authority
ORS 656.726(4)
Statutes/Other Implemented
ORS 656.029 & ORS 656.037
History
WCD 18-2021, amend filed 12/13/2021, effective 01/01/2022
WCD 5-2016, f. 11-28-16, cert. ef. 1-1-17
WCD 6-2012, f. 10-4-12, cert. ef. 1-1-13
WCD 12-2003, f. 12-4-03, cert. ef. 1-1-04
WCD 5-2001, f. 6-22-01, cert. ef. 7-1-01
WCD 9-1996, f. 3-11-96, cert. ef. 4-1-96
WCD 25-1990, f. 11-29-90, cert. ef. 12-26-90
WCD 7-1989, f. 12-22-89, cert. ef. 1-1-90
WCD 9-1987, f. 12-18-87, cert. ef. 1-1-88
WCD 9-1985, f. 12-12-85, cert. ef. 1-1-86
WCD 5-1985, f. 12-10-85, cert. ef. 1-1-86, Renumbered from 436-051-0052
WCD 7-1983, f. 12-22-83, cert. ef. 12-27-83
WCD 4-1982, f. 2-10-82, cert. ef. 2-15-82
WCD 3-1980, f. & cert. ef. 4-2-80