Am I entitled to more per diem?

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Am I entitled to more per diem?

I am a Canadian electrician working in
the U.S.legally with a work visa. I stay
in a house in Odessa Texas my employer
owns with 17 other workers. My employer
pays me my normal Canadian rate plus 60
Canadian per diem. When I look up the
per diem rates in the area I see 169
U.S.220 canadian. Am entitled to more
per diem then I’m getting. I ask here
because I am ‘living’ in Odessa.

Asked on September 2, 2018 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Per diem is not required at all; an employer NEVER has to provide per diem unless there is a contract (including a union agreement) requiring it, or unless it is a government/civil service job, the rules for which require a per diem payment). And if a  per diem is paid, the employer is free to determine what it will be--it can be as much or little as the employer wants. What other companies (or government agencies) may happen to pay for per diem in your area or industry is irrelevant; you get what they want to give you.


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