What is the law regarding per diem pay?
Question Details: I'm working at a job and they pay me $80 per diem a day. I'm working in ME and I traveled from OH. Upon doing some research regarding the per diem pay scale for MA, I found out that I should be receiving $139.50 per day which is $69.50 below the federal rate. is that legal?
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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