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πŸš— Per Diem & Travel Pay in Construction

Construction workers frequently travel to jobsites far from home β€” sometimes across town, sometimes across the state. Per diem, zone pay, subsistence, and travel time rules are some of the most confusing and frequently mishandled areas of construction payroll. Get them wrong and you're either overpaying or facing compliance violations.

Key Principle

Per diem and travel pay rules come from multiple sources β€” and they stack. Your obligations may come from the prevailing wage determination, the union CBA, the project contract, federal tax rules, and state labor law β€” all at the same time. You need to know which rules apply to each project and each worker.


Key Terms​

TermDefinition
Per diemA daily allowance to cover meals, lodging, and incidental expenses when working away from home
SubsistenceSimilar to per diem β€” daily amount for living expenses on out-of-area projects (common in union CBAs)
Zone payExtra hourly pay based on the distance from a reference point (usually the union hall or city center) to the jobsite
Travel timeCompensable time spent traveling to/from a jobsite (beyond the normal commute)
Mileage reimbursementPayment for using a personal vehicle for work-related travel
MobilizationOne-time payment for the initial trip to a distant jobsite

Per Diem Basics​

When Is Per Diem Paid?​

Per diem is typically owed when a worker is assigned to a project far enough from home that daily commuting is impractical:

SourceTypical Trigger
Federal (GSA rates)Overnight travel required for business purposes
Union CBADistance from hiring hall exceeds the "free zone" (often 25–50 miles)
Prevailing wage determinationIf the determination includes per diem or subsistence
Company policyWhatever your company establishes for out-of-area work
Project contractSome contracts specify per diem requirements

Federal GSA Per Diem Rates​

The General Services Administration (GSA) publishes per diem rates by location. These are the standard for federal employees and are widely used as a benchmark:

ComponentStandard Rate (2024)High-Cost Areas
Lodging$107/night$150–$400/night (NYC, SF, DC, etc.)
Meals & Incidentals (M&IE)$59/day$64–$79/day
Total standard per diem$166/day$214–$479/day
Tax-Free Per Diem

Per diem paid at or below GSA rates is tax-free to the worker (not subject to income tax, FICA, or withholding) β€” as long as the worker is on temporary assignment (generally under 1 year) and maintains a "tax home." This makes per diem a very tax-efficient form of compensation for both the contractor and the worker.

Taxable vs. Non-Taxable Per Diem​

SituationTax Treatment
Per diem at or below GSA rate, temporary assignment, worker has tax homeNon-taxable
Per diem exceeds GSA rateExcess is taxable income
Worker doesn't have a tax home (itinerant)Fully taxable
Assignment exceeds 1 yearFully taxable (no longer "temporary")
Per diem paid but worker commutes home dailyFully taxable (no overnight stay)

Zone Pay​

What Is Zone Pay?​

Zone pay is an additional hourly premium based on the distance from a reference point (usually the union hiring hall or a city center) to the jobsite. It's extremely common in union construction.

How Zone Pay Works​

ZoneDistance from Reference PointPremium
Free zone0–25 milesNo premium
Zone 126–35 miles$3.00–$5.00/hr
Zone 236–50 miles$5.00–$8.00/hr
Zone 351–75 miles$8.00–$12.00/hr
Zone 476+ miles$12.00–$20.00/hr (or subsistence)

Distances, zones, and premiums vary significantly by local agreement.

Zone Pay Key Points​

PointDetails
MeasurementUsually measured by the shortest driving route, not straight-line
Reference pointUnion hall, county courthouse, or city center (per the CBA)
TaxabilityZone pay is taxable wages (it's compensation, not reimbursement)
OvertimeZone pay is typically included in the regular rate for OT calculations
Prevailing wageZone pay may or may not be credited toward prevailing wage obligations β€” check the determination

Subsistence​

Union Subsistence Rules​

When a jobsite is beyond a specified distance (often 50–75 miles from the hiring hall), many CBAs provide subsistence instead of (or in addition to) zone pay:

ComponentTypical Amount
Daily subsistence$60–$120/day
Weekly (Mon–Thu)4 nights Γ— lodging rate
Travel day allowanceMileage + travel time for initial trip
Return tripsSome CBAs allow a weekend trip home every 2–4 weeks

Subsistence vs. Per Diem​

FeatureSubsistence (Union)Per Diem (Company/Federal)
SourceCBA requirementCompany policy, GSA, or contract
AmountFixed by CBAGSA rates or company rates
Tax treatmentOften taxable (paid as flat amount)Non-taxable if structured correctly
Applies toUnion workers on out-of-area projectsAny worker on temporary out-of-area assignment
Structure Per Diem Properly for Tax Benefits

If you're paying subsistence or per diem, how you structure it matters enormously for taxes:

  • Accountable plan (worker substantiates expenses) β†’ Non-taxable up to GSA rates
  • Non-accountable plan (flat payment, no substantiation) β†’ Fully taxable as wages

Work with your accountant to set up an accountable plan. The tax savings for both you and your workers are significant.


Travel Time Compensation​

When Is Travel Time Paid?​

ScenarioCompensable?Details
Normal commute (home β†’ regular jobsite)NoPortal-to-portal rule β€” normal commute is not work time
Travel between jobsites during the workdayYesAlways compensable under FLSA
Reporting to a distant site (beyond normal commute area)Excess time may bePer DOL rules, excess travel time beyond normal commute may be compensable
Travel with overnight stay (out-of-town)PartiallyTravel during normal work hours is compensable; outside normal hours generally is not (unless driving)
Riding as passenger outside normal hoursGenerally noUnless performing work while traveling
Driving a company vehicle with tools/materialsOften yesThis is performing a service for the employer

Union Travel Time​

Many union CBAs have specific travel time provisions:

ProvisionExample
Show-up at shop, then travel to siteTravel time from shop to site is paid
Travel time beyond free zonePaid at straight-time rate
Initial mobilizationPaid travel day at 8 hours
DemobilizationPaid travel day when project ends
Weekend travelSome CBAs pay travel time for weekend trips home

Prevailing Wage Travel Time​

On prevailing wage projects, travel time rules depend on the wage determination:

FeatureFederal (Davis-Bacon)California
Travel timePer FLSA rules (no special PW travel rule)Per IWC Wage Orders
Zone payNot typically in federal determinationsSome CA determinations include travel/zone provisions
SubsistenceNot typically in federal determinationsSome determinations include subsistence
Employer-required travelCompensable under FLSACompensable as work time

Mileage Reimbursement​

IRS Standard Mileage Rate​

YearRate per Mile
2024$0.67
2023$0.655

The IRS rate is designed to cover gas, maintenance, insurance, and depreciation.

When Mileage Applies in Construction​

SituationMileage Owed?
Driving personal vehicle from home to regular jobsiteNo (normal commute)
Driving personal vehicle between jobsites during the dayYes
Driving personal vehicle to a distant/temporary jobsiteExcess over normal commute (company policy varies)
Using personal vehicle to pick up materialsYes
Company provides vehicleNo mileage β€” but fuel may be covered

Union Mileage​

Some union CBAs specify mileage reimbursement for workers who drive to distant jobsites:

ProvisionDetails
RateUsually IRS rate or a CBA-specified rate
TriggerBeyond the free zone
One-way or round-tripVaries by CBA (usually one-way measured from hall to site)
CarpoolingSome CBAs pay mileage to the driver only

Per Diem and Estimating​

Impact on Project Costs​

When estimating projects that require per diem or travel pay:

Cost ElementHow to Estimate
Per diem(Number of workers traveling) Γ— (daily rate) Γ— (project duration in working days)
Zone pay(Zone premium per hour) Γ— (hours per worker per day) Γ— (workers) Γ— (days)
Subsistence(Weekly rate) Γ— (number of weeks) Γ— (traveling workers)
Travel time(Travel hours per day) Γ— (worker hourly rate) Γ— (workers) Γ— (days)
Mileage(Miles round-trip) Γ— (IRS rate) Γ— (vehicles) Γ— (days) β€” or company vehicle costs
Mobilization/demobOne-time travel costs for crew and equipment

Example: Estimating Per Diem for a 6-Month Project​

10 workers traveling to a project 150 miles from home:

ItemCalculationCost
Per diem (M&IE)10 workers Γ— $59/day Γ— 130 days$76,700
Lodging10 workers Γ— $107/night Γ— 130 nights$139,100
Weekend trips home (monthly)10 workers Γ— $0.67/mile Γ— 300 miles RT Γ— 6 trips$12,060
Travel time (initial + final)10 workers Γ— 3 hrs Γ— $50/hr Γ— 2 trips$3,000
Total per diem / travel cost$230,860
Don't Forget Per Diem in Your Bid

Per diem and travel costs can easily reach $20,000–$30,000 per worker on a 6-month out-of-area project. Forgetting to include these costs in your estimate is a common and expensive mistake on distant projects.


Best Practices​

For Tracking and Compliance​

  • Identify per diem and travel requirements at bid time (CBA, wage determination, contract)
  • Set up an accountable plan for tax-free per diem reimbursement
  • Track per diem payments per worker per project in your payroll system
  • Calculate zone distances before the project starts β€” don't guess
  • Document travel time separately from work time on daily timesheets
  • Review CBA subsistence provisions carefully β€” they vary by local
  • Include per diem and travel costs as a separate line item in your estimates

For Reducing Travel Costs​

  • Negotiate project housing for large crews (cheaper than individual hotel rooms)
  • Use extended-stay hotels for discounted weekly rates
  • Arrange carpooling for mileage-eligible workers
  • Consider hiring local workers through the local hiring hall (union) to reduce travel needs
  • Factor travel costs into your go/no-go decision for distant projects