New DOL opinion letter on commute time provides employers with clear guidance

On July 22, 2026, the U.S. Department of Labor (DOL) issued a new opinion letter analyzing whether travel time between an employee’s home and work would be considered compensable under the Fair Labor Standards Act (FLSA) as hours worked.

Travel before and after vs. travel during

Specifically, in FLSA2026-9 opinion letter, the employer’s inquiry centered on nonexempt employees who spend part of their day working remotely at home and the other part working in the office. The employer wanted to know if the travel time for these employees was considered hours work simply because their commutes occurred in the middle of their workday. Generally, under the FLSA, an employee’s travel to his primary jobsite during the workday is considered hours worked. Travel before and after the workday, however, is not.

In the opinion letter, the DOL provided three examples:

• Commuting in the middle of the day to avoid rush hour. An employee starts the workday at home and leaves later for the office to avoid morning rush hour. The employee also leaves the office earlier to avoid the evening rush hour. Once home, the employee does more remote work. The employee requests this accommodation to avoid two hours in commute time.

• Volunteering for extra work if it can be performed at home. An employee agrees to do an extra project as long as it can be done at home before the normal commute rather than coming in early. The employee isn’t interested in coming to the office early or staying later to complete the project.