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3P Delivery, Inc. v. Employment Dept.

Summarized by: 

Date Filed: 12-19-2012
Case #: A141256
Wolheim, J., for the Court; Schuman, P.J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A141256.pdf

Employment Law: ORS 657.047 does not exempt delivery drivers who lease their equipment to a for-hire carrier from the definition of employment.

3P Delivery, Inc. (3PD) appealed an Employment Appeals Board (EAB) decision that former employee Brian Newrones qualified for unemployment benefits under ORS 657.176. 3PD only hired drivers that operated under an LLC. 3PD contended that Newrones was ineligible for employment benefits because he was considered a “for-hire” delivery service carrier under ORS 657.047. EAB rejected the argument that ORS 657.047 exempted 3PD delivery drivers from the definition of employment. 3PD argued on appeal that Newrones was not engaged in subject employment and therefore could not be eligible for benefits. The Court of Appeals found that Newrones’ services were not exempt under ORS 657.047. The Court also rejected 3PD’s argument that it was denied the opportunity to litigate the for-hire carrier exemption. Affirmed.