If I get paid $45 a day per diem, can my company take money off my per diem for not following a rule?

UPDATED: Sep 29, 2022

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If I get paid $45 a day per diem, can my company take money off my per diem for not following a rule?

I have not gotten any write ups for it and never signed anything letting them take it off my check. I know in some states it is illegal to take it out of the check but I’m not sure about my state or per diem.

Asked on September 16, 2015 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is illegal to take amounts that an employer believes an employee owes or should be debited from the employee's pay wages or salary without employee consent. However, per diem amounts are not protected the same way, and an employer does not have to pay a per diem in the first place. An employer most likely can reduce your per diem for perceived violations, unless the per diem is set out by a written employment contract, in which case the employer cannot do anything in violation of the contract's terms.

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