Use care when asking applicant for birthdate.

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

Q: Can we ask for a job applicant's date of birth if we're only using the information to check on driving history and criminal record?

A: This is tricky. Although you may need the information to run background checks, asking for an applicant's age or date of birth can lead to allegations that you've violated the Oregon and federal age discrimination laws.

You may be able to defend against such claims by showing that you're using the information only for legitimate, non-discriminatory purposes, but it would be safer not to request this information at the job application or interview stage.

Why not first use the interview and reference-checking to determine the best applicant, and then make a conditional offer of employment. If you explain to your preferred candidate that you'll need the birth date to run a pre-employment background check, it will help to show you're not seeking the information for discriminatory purposes.

When conducting background checks, be sure to comply with the federal Fair Credit Reporting Act, which requires you to provide a disclosure form to the applicant, have the individual sign an acknowledgment form, and supply a copy of the report to him or her if you make an adverse decision based on the information you receive.

Although you must take care to avoid age-related questions in interviews, it's always OK to ask an applicant if he or she is 18 or over, as Oregon age discrimination law doesn't apply to minors. Before you hire a minor, you're required to see a proof of age document such as a birth certificate. You're also required to obtain and post an annual employment certificate before employing minors.

Q: Does Oregon have a law that requires employees to sign their timesheets?

A: No. Employers aren't even required to use timesheets. Oregon and federal wage laws do require employers to keep track of all daily and weekly hours worked by most employees, but the laws don't specify how employers must keep those records. Some employers require employees to punch a time clock. Others choose to have employees fill out timesheets. Others make it the supervisor's job to track when employees come and go. As long as the time records accurately reflect all hours worked, the employer is in compliance.

However, it's a good idea to have employees sign their timesheets to indicate they are accurate. This can help to prevent later disputes.

Q: I pay my employees well - $9.50 an hour - but I've been having problems with high turnover and workers who quit without notice. What rights do I have as an employer to prevent this? Can I pay $6.50 per hour on a final paycheck when an employee hasn't given me two weeks' notice?

A: You can't retroactively change an employee's rate of pay because you'd be violating your wage agreement. The employee could file a wage claim against you and seek penalties for the illegal deduction and violation of the final paycheck rules. One legal option would be for you to start employees at a lower wage and reward loyal, long-term employees with bonuses or incentive pay. You might also consider offering benefits such as vacation, sick leave and insurance coverage to keep good employees.

On The Job is written by attorney Dan Grinfas of the Oregon Bureau of Labor and Industries. The column answers questions about employment law.