Career Path > Tax Q&A

Need help with new per diem rules

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61nomad:
Innage?  I learn something every day!

surf50:

--- Quote ---I, along with a group of others, stay working almost year round for innage and outage between 2 or 3 plants.
--- End quote ---

I wouldn't complain too much. It's unfortunate they've cut the per diem, but you're in a pretty good situation as is.

61nomad:
Keep a log book and receipts. Your mileage home and back each week is deductible as is your lodging and food on weekends you don't go home.

Maybe you could just live out of your car in the parking lot at work on the weekends. Do they have hot showers there?  You can hold up a sign that says "part-time homeless". The house people doing your job that get paid a lot more than you do might give you some goodies out of their lunch box.

chuckdhuff:

--- Quote from: mvtiller on Dec 09, 2013, 07:08 ---Hi everyone!  I recently received news that the company I work for is going to only pay me per diem for the days worked. I, along with a group of others, stay working almost year round for innage and outage between 2 or 3 plants. They are telling us for the weeks we only work 4 10's we will not receive per diem for fri-sun and they are also not going to pay us travel to and from home each week. This will go on until a month before an outage begins. Then they will resume paying us a full week of per diem (even if we are only working 40's for that month). I'm asking if anyone out there knows if this is legal or if anyone else has had this happen to them. Thanks!

--- End quote ---

There are no laws requiring per diem to be paid, and I have yet to see a bargaining agreement that requires it. In fact the NMA specifically states it is not required. The utility usually dictates what is paid and the eligibility requirements. It is a pass through cost for the employer, but it still shows as revenue. So, it is in their best interest for it to be as high as possible. Your employer is not trying to screw you over, they are just following their contract with the utility. There is talk in the industry that per diem will completely go away in the near future. Every one will have to maintain their expense records and get it back during tax season. It is my understanding that this is already the case at some plants.  In your case, some money is better than no money. If your expense records exceed your per diem received you should be able to deduct it come tax time.

pjtesqpe:
Hello,

Per diem is a contractual issue between you and your employer. There is no statutory requirement that you be paid per diem. It assumes that you have a permanent residence at least in most cases at least 50 miles from the job site. This can very by client and site.

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