Or. Admin. Code § 471-031-0045 - Dismissal and Separation Allowances, Vacation Pay, Holiday Pay, and Guaranteed Wage Payments
(1)
Remuneration paid as a dismissal or separation allowance, vacation pay, holiday
pay, or guaranteed wage is "wages."
(2) For purposes of ORS
657.085 and
657.087, employment does not
include service performed by certain individuals to the extent the compensation
paid to such individuals consists of commissions, a share of the profit or
overrides. The amount of a loan which legally and in fact obligates the
borrower to repay the principal amount whether or not commission earnings, a
share of the profit or overrides are applied to reduce the payable balance is
not wages. However, service performed by an individual who receives a
guaranteed payment (whether termed an advance, loan, income leveling,
commission guarantee or other similar term) against future commissions, a share
of the profit or overrides is employment and the amount of the guaranteed
payment is wages.
Notes
Stat. Auth.: ORS 657
Stats. Implemented: ORS 657.085, ORS 657.087, ORS 657.095 & ORS 657.105 - ORS 657.140
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