DOL: Midday Commute-Time Compensability Under FLSA
On July 22, 2026, the US Department of Labor (DOL) issued an opinion letter providing welcome assurance for employers with remote employees who commute between a home office and their employer’s workplace during a workday.
The letter addresses commute-time compensability of home-to-work travel in three different scenarios. The opinion emphasized the longstanding principle that time is work if it is spent predominantly for the employer’s benefit, rather than the employee’s. If home-to-work travel is undertaken principally to accommodate an employee’s preferences or needs, it remains ordinary commuting and is not compensable regardless of when it occurs in a workday.
The DOL did note, however, that this opinion does not alter existing principles that the following time remains compensable under the FLSA:
- Travel from one worksite to another during the workday.
- Travel that is itself part of the employee’s principal activities.
- Work actually performed while traveling (e.g., performing work tasks during the commute).
- Special one-day assignments or emergency-call travel that primarily benefits the employer.
Littler:
Department of Labor Issues Opinion Letter on Midday Commuting by Non-Exempt Employees
