New DOL guidance addresses when commute time and pre-shift tasks are compensable

The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) recently issued two opinion letters addressing how the Fair Labor Standards Act (FLSA) applies to employee travel time in modern work arrangements. Together, the letters provide helpful guidance for employers managing hybrid office employees, field service employees, and other nonexempt workers who perform some duties before, during, or after commuting.

Mid-day travel for hybrid or split-shift employees

In Opinion Letter FLSA2026-9, the DOL considered whether a nonexempt hybrid or split-shift employee’s mid-day travel between their work and home offices is compensable worktime. The employer seeking guidance was considering whether to allow employees to split their workday between home and the office so the employees could avoid rush hour traffic, work additional hours from home before commuting, or take work-home after leaving the office. In the specific example presented by the employer, splitting the workday to avoid rush hour cut the employee’s commute in half.