Am I entitled to more per diem?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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.

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