This lesson is for the Oregon clinician whose practice is about to pay someone besides the owner: a first associate, a billing assistant, a part-time front desk. It covers the employee-or-contractor question, the paperwork due before the first paycheck, the federal and Oregon payroll filings, the 2026 Oregon figures I could confirm on official pages, and two coverages small practices tend to miss. It assumes you already have a federal EIN and an Oregon BIN; if you do not, Step 4 of the LLC course walks through both.
Employee or contractor, decided twice
The label in your agreement does not settle this. The IRS applies a common-law test that weighs facts in three groups: behavioral control, financial control, and the type of relationship. Its own page says there is no "magic" number of factors, so you look at how the work actually runs. That page is the IRS independent contractor or employee guide.
Oregon does not simply borrow the federal answer. The BOLI classification page explains that ORS 670.600 defines "independent contractor" for the Department of Revenue and the Employment Department, while BOLI itself uses an economic realities test for wage and hour law and a right-to-control test for civil rights law. BOLI's page does not reproduce the statute in full; read ORS 670.600 itself before relying on any summary of it, including mine.
In practice, someone who works your schedule, uses your systems, and sees clients you assign looks like an employee under every one of these tests. If you want to treat an associate as a contractor, I would have an attorney look at the arrangement before the first payment, not after a state audit letter.
Before the first paycheck
- Form W-4. The employee fills it out so you can withhold the right amount of federal income tax. The IRS W-4 page has the current form.
- Form I-9. Every U.S. employer completes one for every person hired, per the USCIS I-9 page. You keep it for three years after the hire date or one year after employment ends, whichever is later. The employer handbook (M-274) sets a short deadline, measured in business days from the start date, for finishing the employer section; I could not pull that exact wording from the handbook page in one fetch, so confirm the number there.
- Oregon new hire report. Oregon requires employers to report new hires and rehires to the Oregon Child Support Program within 20 days of the hire date, per the Oregon DOJ employer page.
The federal payroll cycle
Each quarter you file Form 941 to report the federal income tax, Social Security, and Medicare withheld from paychecks, plus your matching share of Social Security and Medicare. Once a year you file Form 940 for federal unemployment tax (FUTA). FUTA is an employer cost; nothing is withheld from the employee for it. At year end each employee gets a W-2. Deposit schedules for the withheld amounts are their own subject and depend on how much you withhold; the 941 page is the place to start.
Oregon's combined report
Oregon folds several programs into one quarterly filing, the Combined Payroll Tax Report (Form OQ). The 2026 combined payroll booklet shows what that one report covers: state income tax withholding and the statewide transit tax (Department of Revenue), unemployment insurance tax and Paid Leave Oregon contributions (Employment Department), and the Workers' Benefit Fund assessment (Department of Consumer and Business Services). Filing runs through the Employment Department's Frances Online system. Five programs, three agencies, one report.
The 2026 Oregon numbers I could confirm
Every figure below is from an official page as of September 2026, with the page linked. Anything not in this table I did not verify.
| Item | 2026 figure | Source |
|---|---|---|
| UI taxable wage base | $56,700 per employee (up from $54,300 in 2025) | OED current tax rate page |
| UI tax rate | New employers 2.4%; experienced employers 0.9% to 5.4% (Schedule 3) | OED current tax rate page |
| Paid Leave Oregon contribution | 1% of wages total, on wages up to $184,500 per employee per year; employers with 25 or more employees pay 40% of it, employees pay 60% | Paid Leave Oregon employer page |
| Workers' Benefit Fund assessment | 1.8 cents per hour worked | DCBS WBF page |
| Minimum wage, July 1, 2026 to June 30, 2027 | $16.80 Portland metro; $15.55 standard; $14.55 non-urban; no tip credit | BOLI minimum wage page |
The Paid Leave line deserves a second look. If your practice averages fewer than 25 employees, the state does not require you to pay the employer share, but you still withhold the employee share from each paycheck and send it in. A practice with two or three staff is in that position, and it is the part people get wrong in the first quarter.
Two coverages small practices skip by mistake
Workers' compensation. Oregon requires almost every employer to carry it. The Workers' Compensation Division overview defines a worker as anyone paid to work who is not an independent contractor, and notes roughly 30 statutory exemptions in ORS 656.027. For a practice with one employee, the safe assumption is that you need a policy.
Protected sick time. Under the BOLI sick time rules, employees earn at least one hour of protected sick time for every 30 hours worked, up to 40 hours a year. It must be paid if you have 10 or more employees, or 6 or more with a location in Portland. Below those counts it is unpaid, but still protected: the hours accrue and the job is safe when they are used.
If you use contractors instead
Collect a Form W-9 before the first payment; it gives you the contractor's taxpayer identification number for the information return you may owe later. That return is the 1099-NEC, and its threshold changed. The IRS instructions for Forms 1099-MISC and 1099-NEC state that for tax years beginning after 2025 the reporting threshold rose to $2,000, with inflation adjustments possible from 2027. Payments made during 2025, reported in early 2026, still used the old $600 line. So for 2026 work, a contractor you pay under $2,000 across the year does not get a 1099-NEC; one you pay $2,000 or more does.
Remember that Oregon's contractor definition is separate from the federal one. Clearing the IRS test does not, by itself, clear ORS 670.600.
Payroll services
Nothing above requires a payroll service, and no agency recommends one. I mention it because a service will calculate withholding, file the 941, the 940, and the Form OQ, and handle the new hire report, for a monthly fee. For a solo owner who would rather see clients than reconcile a quarterly report, that trade is worth pricing. Whatever you choose, the filings stay in your name and the penalties for missing them land on you.
None of this is legal, tax, or accounting advice. I wrote down what the agencies' own pages say and linked each one; a CPA or an attorney gets the final word on how any of it applies to your practice.
Further reading
- IRS: Independent contractor (self-employed) or employee?. The three-category test in the IRS's own words, worth reading before you sign an associate agreement.
- Oregon Combined Payroll Tax Report booklet, 2026 (PDF). The instructions for Form OQ and a map of which agency handles which program.
- Oregon Employment Department: current UI tax rate. The page to recheck each January for the wage base and rate schedule.
- Paid Leave Oregon: what employers need to do. The contribution split and the under-25 rule, from the program itself.
- BOLI: Oregon sick time. Accrual, the paid-or-unpaid line, and how Portland changes it.
- OnPay, "Payroll Tax in Oregon: 2026 Employer Guide". A payroll provider's plain-English tour of the combined system; useful for orientation, not for citing numbers.
- Littler, "Oregon DOJ Ramps up Child Support Reporting Requirements for Payments to Independent Contractors". A law firm's note that Oregon's new hire reporting can reach some contractor payments, which is easy to miss in a small practice.
Study guide
Employee or contractor, decided twice
- The IRS common-law test weighs three groups: behavioral control, financial control, and type of relationship; no magic number of factors decides it
- Oregon decides separately: ORS 670.600 defines independent contractor for Revenue and the Employment Department; BOLI uses an economic realities test (wage and hour) and a right-to-control test (civil rights)
- Someone on your schedule, in your systems, seeing clients you assign looks like an employee under every test
- Treating an associate as a contractor: have an attorney review it before the first payment
Before the first paycheck
- Form W-4: the employee's federal withholding form
- Form I-9: completed for every hire; keep it three years after hire or one year after employment ends, whichever is later; the employer section has a short business-day deadline (confirm it in handbook M-274)
- Report new hires and rehires to the Oregon Child Support Program within 20 days of hire
Federal filings
- Form 941 quarterly: withheld income tax, Social Security, and Medicare, plus your matching share
- Form 940 yearly: FUTA, an employer cost with nothing withheld from the employee
- W-2 to each employee at year end; deposit schedules depend on how much you withhold
Oregon's combined report
- One quarterly Form OQ, filed through Frances Online, covers five programs across three agencies: income tax withholding and the statewide transit tax (Revenue); unemployment insurance and Paid Leave Oregon (Employment Department); the Workers' Benefit Fund (DCBS)
| Item | 2026 figure (official pages, September 2026) |
|---|---|
| UI taxable wage base | $56,700 per employee (up from $54,300 in 2025) |
| UI tax rate | New employers 2.4%; experienced 0.9% to 5.4% (Schedule 3) |
| Paid Leave Oregon | 1% of wages up to $184,500 per employee per year; at 25 or more employees the employer pays 40% and employees 60% |
| Workers' Benefit Fund | 1.8 cents per hour worked |
| Minimum wage, July 1, 2026 to June 30, 2027 | $16.80 Portland metro; $15.55 standard; $14.55 non-urban; no tip credit |
- Under 25 employees: no employer share of Paid Leave, but you still withhold the employee share and send it in, the part first-quarter filers get wrong
Two coverages small practices skip
- Workers' compensation: required of almost every employer (about 30 exemptions in ORS 656.027); with one employee, assume you need a policy
- Protected sick time: at least one hour per 30 worked, up to 40 a year; paid at 10 or more employees, or 6 or more with a Portland location; below that, unpaid but still protected
If you use contractors
- Collect a Form W-9 before the first payment
- Form 1099-NEC for 2026 work: required at $2,000 or more in the year (up from $600, which still applied to 2025 payments)
- Clearing the IRS test does not clear ORS 670.600
Payroll services
- Optional; no agency recommends one. A service handles withholding, the 941, 940, Form OQ, and the new hire report for a monthly fee, but the filings and penalties stay yours
Key terms
- FUTA: federal unemployment tax, paid by the employer
- Form OQ: Oregon's Combined Payroll Tax Report
- Frances Online: the Employment Department system for filing it
- UI taxable wage base: the wages per employee subject to unemployment tax
Check what you learned
10 questions from this lesson. Answers are checked as you go; nothing is recorded.
1 / 10
Which three groups of factors does the IRS use in its common‑law test to decide if a worker is an employee or an independent contractor?
Hint
Look at the section describing the IRS independent contractor or employee guide.
The lesson states the IRS test weighs facts in three groups: behavioral control, financial control, and the type of relationship.
2 / 10
What form must an employee complete before receiving their first paycheck to determine federal income tax withholding?
Hint
See the paragraph titled “Before the first paycheck.”
The employee fills out Form W‑4 so the employer can withhold the correct amount of federal income tax.
3 / 10
How long must an employer retain a completed Form I‑9 after the hire date?
Hint
Refer to the I‑9 requirements in the lesson.
The lesson says you keep Form I‑9 for three years after the hire date or one year after employment ends, whichever is later.
4 / 10
By when must Oregon employers report new hires to the Oregon Child Support Program?
Hint
Check the Oregon new hire report requirement.
The lesson states Oregon requires reporting new hires and rehires within 20 days of the hire date.
5 / 10
Which quarterly filing combines state income tax withholding, transit tax, unemployment insurance, Paid Leave Oregon, and the Workers’ Benefit Fund assessment?
Hint
Look at the description of Oregon’s combined report.
The Combined Payroll Tax Report (Form OQ) covers all those programs in one quarterly filing.
6 / 10
What is the 2026 Oregon UI taxable wage base per employee?
Hint
Refer to the key 2026 Oregon payroll figures table.
The lesson lists the 2026 UI taxable wage base as $56,700 per employee.
7 / 10
For a practice with fewer than 25 employees, what is the employer’s responsibility regarding the Paid Leave Oregon contribution?
Hint
See the paragraph discussing the Paid Leave line and small practices.
The lesson explains that practices with fewer than 25 employees must withhold the employee share but are not required to pay the employer share.
8 / 10
Under BOLI sick time rules, how many hours of protected sick time does an employee earn for every 30 hours worked?
Hint
Check the section on protected sick time.
The lesson states employees earn at least one hour of protected sick time for every 30 hours worked.
9 / 10
What form should a practice collect from a contractor before the first payment?
Hint
Look at the contractor onboarding steps.
The lesson says to collect a Form W‑9 before the first payment to obtain the contractor’s taxpayer identification number.
10 / 10
If a contractor is paid $2,500 in 2026, what tax form must the practice file for that contractor?
Hint
Refer to the reporting threshold for 1099‑NEC in 2026.
The lesson notes that for tax years beginning after 2025, the 1099‑NEC threshold is $2,000, so a $2,500 payment requires filing Form 1099‑NEC.
Worth another look