As to being forced to take the per diem, no you can not be forced to have per diem paid this way. You have the option of going to another company and working for them. However, if the company you work for does it this way, it is up to them if you have an option of either before or after taxes. My choice after driving for 3 years with it paid before taxes would be to have it paid AFTER taxes. You won't take home as much cash each paycheck but in the long run you are really screwing yourself having it taken out pre-tax. If you have a company retirement, you will draw less when you retire. If you are laid off, your unemployment will be less, you social security will be less, if you hae an accident and are disabled, your disability pay will be less.
Had I know these things prior to going to work where I am, I would have continued looking and found a place that did pay per diem post-tax, for the employee's benefit, not for the employer's benefit. The reason they pay it pre-tax is so that the employer will pay less money in Social Security and Medicare.
As to the 12 cents per mile, I am not sure how that works out but if you drive more than 433 miles a day they will be paying you more than the federal allowable $52.00 and you may have to pay out of pocket at the end of the year to make up for it!!
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REMEMBER, guns don't kill! It's the jealous husband that comes home early!
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