Deciding on wage after the fact is risky business.

Byline: On the Job BY Bureau of Labor & Industries For The Register-Guard

Q: I hired an employee three weeks ago to help out at my tax service. I told him I could pay up to $10 an hour, depending on his experience. I've now had the chance to observe his work and find it to be of poor quality. When I issue his first check, can I pay him at $7 an hour?

A: It sounds like a recipe for a wage claim or lawsuit. The wage agreement you struck with this employee was ambiguous, and it's likely he thinks he'll be earning $10 an hour. At this juncture, your most conservative approach would be to pay the employee at the $10 rate and discipline or terminate him if his work is substandard.

You could argue that you have an agreement to pay a wage that varies depending on the quality or quantity of work, but since you didn't set a piece-rate or other benchmarks for determining the wage, it's unlikely a court would buy that argument.

A better plan would be to screen your job applicants carefully by testing their skills and checking their references, and then set a definite wage at the time you make your hire.

If you want flexibility, you might choose to start an employee at $7 an hour during a trial service period and then award bonuses or merit increases depending on the work quality.

Q: I'm a small employer, and one of my employees has brought me a doctor's note that says she needs an ergonomic keyboard and mouse pad. I've priced these at around $150 and want to know if I'm required to provide this equipment or if I can tell the employee she has to provide it.

A: Providing this type of equipment for your employee may be a "reasonable accommodation" that you're required to make, if the employee has a qualifying disability and if paying for the equipment wouldn't pose an undue hardship for your business.

You have the right to obtain medical certification to determine whether the employee's condition is covered under Oregon disability laws and the federal Americans with Disabilities Act. The Oregon laws apply to your company if you have six or more employees, and the ADA also applies if you have 15 or more employees.

More information about disabilities and reasonable accommodation is available at www.boli.state.or.us/technical/disability.html on the BOLI Web site.

Q: I run a security service based in Vancouver, Wash., that also operates in Oregon. We have a long-standing policy of paying employees every other Monday. Paychecks are available after 3 p.m., when our courier delivers them from our payroll service. One of our Oregon employees is challenging this practice, claiming that paychecks are legally due at the beginning of the business day on payday. Are we out of compliance?

A: No, the pay schedule you have is fine. The Oregon law on paydays and pay periods, ORS 652.120, requires you to establish and maintain regular paydays, no more than 35 days apart, and it doesn't require that checks be available at a particular time of day.

Q: We hire artist models to pose nude at our art school. Is it OK to hire someone who's 18, or does the model have to be 21 or over?

A: There are no specific employment laws that cover nude models (no pun intended). You're free to hire an 18-year-old for this type of work.

You may be thinking of a bill introduced during Oregon's 2001 legislative session proposing to raise the legal age from 18 to 21 for nude dancers who perform at establishments that sell liquor. That bill wouldn't apply to models, and, in any event, it didn't become law. There is, however, an Oregon Liquor Control Commission rule scheduled to go into effect on Jan. 2 that would prohibit nude dancers younger than 21 from performing in Oregon bars and clubs.

On The Job is written by attorney Dan Grinfas of the Oregon Bureau of Labor and Industries. The column answers questions about employment law. To contact BOLI, call [phone], or write to BOLI, 800 NE Oregon St. #32, Portland, OR 97232.