I have a contract with a staffing company to perform work. I am paid per diem as outlined in my consultant contract.

Question

I have a contract with a staffing company to perform work. I am paid per diem as outlined in my consultant contract.

Anonymous Oct 22, 2012 2 views 1 answers

My contract states "Per Diem. WHEREAS Employee maintains his permanent residence more than 60 miles from Client job site, and requires temporary room and travel assistance, THE COMPANY will pay EMPLOYEE a Per Diem allowance. This Per Diem allowance is offered in accordance with Internal Revenue Service guidelines concerning maximum allotted Per Diem in the county in which Employee works. Per Diem for this project shall include $800 per week to be logged on client time sheet at the end of each week, which may include submitting receipts for lodging and travel. " My employer is now trying to deduct days worth of per diem at $160.00 per day stating that per diem is paid daily. Is this legal?

David Schuck · Accepted Answer · 2026-06-15T10:40:01+00:00

It is hard to say without reading the whole contract and discussing your employment. There are a couple of complex legal issues that appear to be relevant to your situation. First, whether you are an employee or independant contractor, and second depending upon your status, whether the salary is broken into a daily amount or an automatic payment for the full amount. As an attorney gets into these issues, there likely will be many more that appear. As these issues are complex, I would not trust an opinion given based upon the limited facts provided.

I have a contract with a staffing company to perform work. I am paid per diem as outlined in my consultant contract.

Attorney Answer

Browse by Practice Area

Browse by State