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


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.

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