If I get paid $45 a day per diem, can my company take money off my per diem for not following a rule?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
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 AttorneyPages.com 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.