Oregon Independent Contractors

Businesses growing to the point of needing part-time or temporary help may consider hiring employees. Some companies hire independent contractors instead, which can be risky if the difference between an employee and an independent contractor isn’t completely understood.

Some of the features of an independent contractor include the existence and ongoing operation of their own business, providing services to a variety of different customers, and not being financially dependent on one single contract or job. Independent contractors are typically free from any direction and control when providing a service, since they are “independent.”

Agencies use different measures to determine if someone is an employee or independent contractor. Knowing these differences can protect you and your business from unexpected taxes and penalties. Oregon has compiled a list and website to help business owners and prospective employers understand the distinction. Visit www.oregon.gov/ic to find the tests used by Oregon agencies and the federal government, laws and rules, and contact information for different agencies.

Business Registrations: Call Center & Filing Waiting Times

The Corporation Division is working to overcome long waiting times for filing and calls received. Several steps have been taken, including a new phone menu, and understanding it can save you time.

The Contact Center (503-986-2200) phone menu’s first three options are for calls that have quick answers, and can usually be answered yourself, as follows:

• For status of a filing or request already submitted, check sos.oregon.gov/business.
• See this “widget” toward the bottom of the page.

• BIN Information
  • Call Dept. of Revenue instead at 503-945-8091.
• Form Delivery Options - USPS mail (including “Priority Mail”) and faxing will always put your form in the regular Business Registry queue. To bypass that queue, use Overnight delivery by Fed-Ex or UPS (2-3 day processing) or in-person delivery to the lobby counter (same-day processing).

If a live conversation is desired, the shortest waiting times are usually between 8 and 10 a.m., and not on a Monday.

Certificate Requests (e.g., Certificate of Status/Existence) will be available in July via online request, eliminating the need for the paper request form. That’s good news for everyone!

Licensing for “Handyman” Businesses  It’s common for the Office of Small Business Assistance to hear from people who want to start a “handyman” business. It’s important to be aware that Oregon doesn’t really recognize “handyman” or similar terms. Oregon has broad definitions and requirements for people who are doing work that impacts the real property of others. Contact the Construction Contractors Board (CCB) if you plan to do work that has any effect on someone’s residential or commercial property. If you’re starting a business that involves even simple tasks like installing curtain rods or fixing a cabinet, contact the CCB licensing specialists to discuss your ideas and what the CCB might expect or require from you. See the web pages below for more information on this topic.  Who needs a construction contractor license? Oregon Construction Contractors Board Licensing: Oregon Construction Contractors Board

Dubious Mailings

You probably get advertisements in the mail trying to sell you products or services. These solicitations can look similar to letters you might get from the State of Oregon. Here are a few tools to help identify genuine letters from state agencies:

• Look for the State Seal of Oregon on letters. No one is allowed to use the state seal or modify its image without permission from the Oregon Secretary of State’s Office.
• See if there’s a disclaimer on letters stating that the letter or company is not affiliated with the government. Many solicitations use such a disclaimer to avoid allegations of fraud or misrepresentation.
• Verify that the return address on the letter matches the address of the agency displayed on the agency’s website.
• Check the Secretary of State’s page on scams and solicitations to see if we’ve already heard about the letter.
• When in doubt, contact the Office of Small Business Assistance and let us help you determine the validity of the letter you received. We’re available at 844-469-5512 or at Business.SOS@sos.oregon.gov.

Technical Assistance Corner

BOLI Technical Assistance for Employers

The Bureau of Labor and Industries (BOLI) has an excellent team to assist employers who have questions, or who need resources or training about their responsibilities or the rights of their employees. If you have questions regarding wages, pay, time off, discrimination, or human resources, the professionals with BOLI’s Technical Assistance for Employers have valuable information for you: 

BOLI Help Center

BOLI Employers Fact Sheets

Upcoming Events

July 21--Latino Business Alliance, Woodburn, Café Y Pan Dulce monthly networking, 8 - 9 a.m. 

July 27, August 10, August 24—OAME, Access to Capital and Business Development Info Session, 10 - 11:30 a.m.

July 29, August 26—OAME, Coffee and Issues Membership Meeting, 7:30 - 9 a.m.

August 9—Portland Community College SBDC, Business Design Series, 4 - 6 p.m.

August 11—OAME, Youth Entrepreneurs Conference, 7:30 a.m. - 4 p.m.

If you’ve spent time on websites for state agencies in Oregon, you may have noticed this button. Clicking the Need Help button will take you to our website that explains how we can help, as well as the circumstances under which we can or can’t assist you.

It’s not unusual for businesses to click this button thinking that they’re contacting the agency whose website they were visiting, but it’s actually us, at the Office of Small Business Assistance. We’re here to help you deal with those agencies, but we aren’t part of any of them: we’re with the Secretary of State’s Corporation Division. If you find yourself with an issue you’ve genuinely tried to resolve, and you just aren’t getting anywhere, please reach out to us.

Ghost restaurants and ghost kitchens … who you gonna call?

A ghost restaurant (also known as a virtual restaurant) offers no onsite dining, but prepares meals exclusively for delivery or pick up. The ghost restaurant prepares its food in a ghost kitchen (also known as a virtual kitchen, commissary kitchen, or cloud kitchen).

Many ghost restaurants operate in existing licensed restaurants. For example, a coffee shop open during the day might lease its kitchen to a sandwich delivery business open evenings and weekends. A ghost restaurant using a licensed kitchen (whether it’s the kitchen of another restaurant or a shared commissary kitchen) needs its own food safety license.

Some restaurants share their kitchens with food manufacturing businesses. For example, a diner might lease its kitchen to a small business cooking pasta sauces after the restaurant closes. The pasta sauce business would need a food processing license from the Oregon Department of Agriculture. The restaurant kitchen would need inspecting by both the county public health authority (for the restaurant business) and the Oregon Department of Agriculture (for the pasta sauce business).

Finally, Oregon law requires individuals or entities doing business under an assumed business name to register with the Secretary of State. Restaurants that do business using different names must register each name with the Secretary of State’s Corporation Division.

Contacts and additional information:

Restaurant Licensing: For questions about the food safety licensing requirements for a restaurant, contact your county public health authority. You can find a directory of county public health authorities here.

Making and Selling Food: If you want to open a food manufacturing business that sells packaged edibles, contact your local Oregon Department of Agriculture (ODA) food safety specialist. ODA has an online directory of food safety specialists who can answer your licensing questions.

Registering a Business Name: The Secretary of State’s Corporation Division has more information on assumed business names. You can register an assumed business name online or by contacting the Corporation Division. Call SOS at 503-986-2200​​​​​​, or email corporationdivision.sos@sos.oregon.gov

Local Business Licenses: Registering your business with the Secretary of State is not the same as obtaining a business license. The State of Oregon doesn't issue a general business license, but cities and counties may require a local business license or registration for businesses operating in their jurisdictions. Check the local requirements in all the cities or counties where you will be operating.

Agency Spotlight: Business Oregon Business Oregon is the more common name for the Oregon Business Development Department. Business Oregon is involved with most aspects of economic development in Oregon, and has a vast team located across Oregon to support business growth. In addition to offering technical assistance, Business Oregon certifies disadvantaged businesses and often participates in grant and financial opportunities. Their Regional Development staff are local experts in all parts of Oregon, providing direct support as needed. Visit the Business Oregon website at www.oregon.gov/biz to connect and learn more!