From A to B: Department of Labor Issues Opinion Letters Clarifying Compensable Travel Time Requirements For Remote/Hybrid Non-Exempt Employees

On July 22, 2026, the U.S. Department of Labor (“DOL”) issued two opinion letters addressing how the Fair Labor Standards Act (“FLSA”) applies to the commuter travel of employees who work part of their workday at home. According to the DOL, these two new letters are intended to allow  employers “confidently make informed decisions regarding a wider variety of employee work arrangements” while “ensuring that workers are properly compensated for all hours worked.” The full opinion letters can be found here: FLSA2026-9 and FLSA2026-10.

DOL Opinion Letter FLSA2026-9 clarifies that voluntary mid-day commutes, undertaken for an employee's personal convenience to split the workday between home and office, are not compensable as they are considered "normal incidents of employment" rather than time spent for the employer's benefit. This letter affirms that while the "continuous workday" doctrine generally applies, these flexible commutes do not trigger mandatory pay, provided no work is performed during the travel.

DOL Opinion Letter FLSA2026-10 further clarifies that field employees with no fixed office are not paid for briefly receiving assignments electronically at home, as this is incidental to commuting. However, time spent scheduling appointments with clients and coworkers before driving is compensable because it is essential to the job and benefits the employer. Additionally, the drive to the first worksite becomes compensable if an employer requires substantial client communication during that time, which removes the flexibility of a normal commute.

Importantly, 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 like calls or emails during the commute).
• Special one-day assignments or emergency travel that primarily benefits the employer.

Key Takeaways:

• It is important to maintain clear, written policies. Policies documenting the intended start of the workday and defining categories of compensable work time for hybrid and mobile workers can be helpful to lawfully reflect that entirely voluntary, mid-day commutes will be classified as unpaid ordinary commutes incidental to employment.
• Be sure non-exempt employees are accurately tracking time spent working. Employers should require that non-exempt employees accurately track all working time performed before, during, and after commutes or travel time. When pre-travel work is difficult to measure, employers should also consider a written, “reasonable agreement” to account for a fair estimate of the time worked.
• Conduct regular audits. Periodically audit timekeeping and pay practices for hybrid and mobile employees to confirm that all compensable work time is being captured accurately and that any mid-day commute time is being classified correctly.
• Check out DOL resources. The DOL has the PAID self-audit program which employers can use to proactively self-report and resolve identified compensation issues to help minimize future risk and liability.

Under California law, whether a remote/hybrid non-exempt employee is entitled to compensation for travel time between their home and the workplace or other work locations, is similar as it depends primarily on the level of control the employer exercises over the employee during that transit and whether the travel serves a business purpose or the employee's personal convenience. If an employer requires an employee to travel using a specific method or vehicle, the travel time is compensable because the employer dictates when, where, and how the employee travels. However, voluntary travel time for an employee’s own convenience is not compensable.  

If you have questions about whether certain activities can be considered compensable under the FLSA (or under state law) please reach out to your Stradling attorney.