DOL Clarifies That Mid-Day Home-To-Office Commuting Is Non-Compensable

July 27, 2026

What's New

On July 22, 2026, the U.S. Department of Labor’s Wage and Hour Division issued Opinion Letter FLSA2026-9 addressing whether non-exempt employees must be paid for commuting between home and the office when working part of the day remotely. DOL concluded that mid-day home-to-office or office-to-home travel generally is not compensable when it is an ordinary commute that primarily benefits the employee, even if it occurs between periods of compensable work.

What It Means

The guidance is useful for employers that have been cautious about allowing non-exempt employees to split a workday between home and the office. DOL rejected the view that an employee’s home automatically becomes a separate job site merely because the employee performs some work there. The opinion letter also explains that the continuous workday doctrine does not, by itself, convert an ordinary commute into paid worktime.

What You Should Do

Employers should consider whether existing hybrid-work restrictions for non-exempt employees remain necessary. Policies should make clear that employees must record all time actually worked (including time worked during a commute), regardless of location. Employers should continue paying for travel between job sites, special assignments, emergency travel, or any travel during which employees perform work. Employers also should confirm that mid-day commuting arrangements are genuinely voluntary and primarily for the employee’s benefit.

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