News & Information

CCH® UNEMPLOYMENT INSURANCE — 1/11/08

Oregon amends its UI law on various subjects

Oregon has amended its Employment Department Law as follows:

Employer. The definition of “employer” has been changed to include employing units that have a total payroll during any calendar quarter of $1,000 (rather than $225, under prior law) or more.

Employment. The term “employment” does not include service in the course of the employer’s trade or business unless the total payroll for that service in any calendar quarter is $1,000 (rather than $225, under prior law) or more.

Misrepresentation. An individual who makes a false statement, misrepresentation, or fails to report a material fact now may be disqualified from receiving benefits for 52 weeks (26 weeks, under prior law). Any disqualification may be applied to any week claimed but remaining unpaid on the date of the decision, not to exceed five years (three years under prior law) from the date of the decision.

Recovery of benefits paid. An individual who is disqualified for benefits because he or she willfully made a false statement or misrepresentation or failed to disclose a material fact now also will be liable for a penalty of 15% of the benefits the individual received but to which he or she was not entitled.

Unrecoverable benefits. The Director may now also write off a penalty as uncollectible subject to the same factors he or she considers when determining whether interest is uncollectible.

Alternative to civil collection. The Director may use the same alternative civil collections for amounts liable to be repaid for penalties that he or she uses for interest.

Confidentiality. A new section has been added to the law requiring the Employment Department to disclose information to the following: the Secretary of Labor; the Railroad Retirement Board; the Department of Agriculture; employees of state food stamp agencies, state and local child support agencies, and agencies that verify eligibility or amount of benefits under unemployment insurance and related programs; the Department of Health and Human Services; the National Directory of New Hires; the U.S. Department of Housing and Urban Development; Indian tribes; and the U.S. Attorney’s office. The information disclosed is confidential and may be used only for specified purposes.

Disclosure to federal agencies. This section has been repealed.

Reconsideration. The Director may now reconsider a determination of employer subjectivity, tax rate or tax assessment if there is evidence of computation errors; clerical errors; misinformation provided to a party by the Employment Department; facts not known previously by the Department; or errors caused by a misapplication of the law by the Department.

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