Per diem payments aren't wages for overtime purposes.

Position:Legal Briefs

A group of traveling clinicians sued for unpaid overtime, citing an error in calculating their regular pay. They received a set per diem payment for expenses when working away from home for a week. But if they missed a shift, the payment was removed for that day. The court OK'd that practice and tossed out the lawsuit. (Clark v. AMN, CD CA)

The lesson: If you pay...

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