Can you pay a supervisor a different per diem amount than you would a regular non-management employee?

If you are working at a job site. Is there any regulations that states that you can pay a supervisor more per diem than a regular hourly employee or another supervisor? Say the supervisor gets 50.00 per diem per day and the employee or other supervisor does not receive any. Is this illegal?

Asked on May 11, 2016 under Employment Labor Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that not all employees need be treated the same or, for that matter, even fairly. Discrimination in the workplace is not illegal unless it has to do with an employee receiving different treatment due to their being a member of a "protected class" (i.e. due to their race, religion, age, sexual orientation, gender, disability or nationality). In an "at will" work arrangement, an employer can set the conditions of work much as it sees fit. Therefore, unless an employee is afforded protection under an employment contract, union agreement or company policy, a company can pay as it chooses.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.