Per Diem Rates for out of state work

[backnforth]

My employer has sent us on a job for 3 week stints over a 1000 miles away from home. He pays for the hotel room and gives everyone 20 dollars a day per diem which combined comes of to like 55 dollars a day. The question i have is, does he have to pay per diem by law? and if so is there a set rate that is regulated by the goverment based upon were you are traveling to/from? I dont know about anyone else, but eating 3 meals a day costs more than 20 bucks. I dont wanna bring it to my employers attention until i am fully educated on the law, Thanks for your time

[Pattymd]

No, per diem in lieu of actual expenses is not required by law for private employers, except rarely with some government contracts.

Agreed, you can't eat terribly well on $20 a day, plus do things like wash your clothes. But legally, they don't even have to do that in any state except California. You did not enter your state as requested when a new thread is started.

[MrsRedSox]

I can't claim to be completely knowledgeable on per diem pay, but I am quite confident it is not based on where you are traveling to (I am posting this from CA and I could be wrong). I believe your employer is only required to furnish "adequate lodging and food", and it may only be for one meal per day. I work for a construction company that pays for hotel rooms and some meals for out of town employees, but probably not more than $20-$25 per day for food. You may want to check out the federal/state labor law posters at your office or job site, as it does contain per diem information.

I'm sure one of the other posters will have more information, but I don't think your employer is doing anything shady/illegal here.

[Pattymd]

Actually, it IS based on where the employee travels TO. A Per Diem is in lieu of the employee paying out of pocket and reporting expenses, and waiting to be reimbursed. However, as I previously stated, it is not generally required that a Per Diem be paid. And even if it is, it does not have to be the maximum allowed by law (before it becomes taxable earnings); it can be less.