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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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Does an employer have to pay per diem to an employee traveling

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Does an employer have to pay per diem to an employee traveling more than 90 miles from home in new york state?

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


Unfortunately, per diem is not a legal requirement under either federal or state law. Your employer can choose to pay it, but they are not legally required to.


The reasoning behind this is that you are able through itemized deductions to obtain your travel expenses back from the government through your state and federal taxes, so the employer doesn't have to provide you those funds.

Customer: replied 4 years ago.

Is it legal for employer to pay for room and board with employee supplemental income therefore being tax free for both parties and a write off for employer.

That's really more of an accounting question than an employment law question, but yes the employer can make a payment in this fashion. Typically, any sort of per diem is tax free specifically because it is not considered income, but rather, reimbursement for expenses that would otherwise have later been deducted from taxes.
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