Employment Law/Per diem

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Question
My question is this. Currently I work two and a half hours from home in Texas. (Work is also in Texas) I work in the energy field at an hourly rate. The company has been providing hotel accommodations as well as 15 dollars a day for per diem. Now they r telling us they are going to give us 45 dollars a day and with that we have to find our own accommodation. The company is based in North Carolina. My question is if we are receiving enough

Answer
If it costs more than what you are given for a per diem you can deduct the difference on your income tax as a business expense.  I do not think that 45 dollars will find you accomodation and buy meals it is not enough. I would talk with your company, and let them know that you need more per diem if you are finding your own accomodation. legally they are not required to pay for lodging so there are no legal grounds. If you are a good employee and they want to keep you than they should treat you fairly.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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