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Per Diem Docking?

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jedball:
Question;

I've been told that an employer can not dock your per diem until you've been out of work for at least 10 days in a row even without a doctor excuse. Someone told me the Labor Board person gave them this info.

Has anyone heard different or the same thing?

RAD-GHOST:
You have asked the question that will never get a realistic answer! 

I believe if you research the issue, Per Diem isn't even considered under any labor laws.  As a contractual agreement between you and the employer, YES!  As far as a legal entitlement, NO!  As far as the company docking Per Diem, yes they can!  Now on the other hand, can they dock wages?  NO THEY CAN NOT!  The fact that they attempt it, should tell you they have the upper hand in the game! 

RG

Already Gone:
The only legal obligation an employer has (as far as money goes) is to pay you at least $5.75 per hour for all the hours you work, and time and a half if you work over 40 hours in a week.
They don't have to pay you per diem.  If they start paying you per diem, they can stop at any time with or without a reason.  Unless you have a written contract, they don't even have to pay what they promised.  They can say that they're paying $25/hour and actually pay $5.75.
Naturally, anyone who pulls crap like that won't be in business for long, because they won't have any employees.

BTW, they CAN dock your pay too.  If you owe them money, they can collect it from your net pay.  (They have to "pay " you for all the time you work.  But, they can also deduct what you owe them from  your check.)  It happens all the time.  For example: I worked for Bartlett and got per diem for a whole week, even though I got laid off before the week was over.  Bartlett just took back what I owed them from my net pay.  This is not only legal, but it was a whole lot easier than having to send them a check.

As far as how many days you can miss work and still get your per diem, that's up to the company you work for.  Some people lose their pd for a whole weekend just for calling in sick on a Monday.  Others, can take a four day weekend, tell the boss that they are going home for the whole four days, and still get per diem for all those days.  It could be that the ddifference is all a matter of which one of those guys pissed off the boss.
Fair?  Maybe not.  But fair goes both ways.  They'd be a whole lot less likely to pull per diem if it weren't for all the people who tried to collect diem on days when they were calling in "sick" to extend a weekend.

If you missed work and lost per diem, your best shot is to 1. show that you were sick with a note from a doctor, a hospital bill, or even a receipt for a prescription, and 2. show that you stayed in town the whole time with a hotel reciept and 3. ask the site coordinator NICELY to help you out.  But, if you try to spout some nonexistent labor law, they'll just blow you off.

SloGlo:

--- Quote from: jedball on Mar 18, 2005, 07:49 ---Question;

I've been told that an employer can not dock your per diem until you've been out of work for at least 10 days in a row even without a doctor excuse. Someone told me the Labor Board person gave them this info.

Has anyone heard different or the same thing?

--- End quote ---

everytime i think i've heard it all.......
per diem is a contractual arrangement, not a labor law item. so i'm with beercourt on this one. 

Rennhack:
I'm with BC as well, it is NOT a labor law.  If you think it is, the laws are published online at GPO Access.

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