per diem pay

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per diem pay

I’m working at a job and they pay me 80 per diem a day, im working in Bangor Maine and I traveled from Cincinnati Ohio. Upon doing some research regarding the per diem pay scale for maine I found out that I should be receiving 139.50 per day which is 69.50 below the federal rate. is that legal?

Asked on July 28, 2018 under Business Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is NO minimum per diem rate unless 1) you are working for the federal government, in which case, you are guaranteed the federal rate; 2) you are working for a state government, in which case you get the rate that state chose to pay; or 3) you are working for a private company and have a contract guarantying you per diem at a certain rate. Otherwise, there is no guaranty of a per diem--a private employer does NOT have to pay any--and if they choose to pay and you are fortunate enough to get a per diem, you get whatever they choose to pay you.


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