On July 22, 2026, the U.S. 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.
In recent years, many employers have adjusted operations to allow employees to telework from their homes where business needs permit, and employees have embraced this flexibility. However, if non-exempt employees work in more than one location during a single workday, it is necessary to clarify whether existing regulatory frameworks would allow employees’ ordinary commute to and from the worksite if it occurs in the middle of the workday to be considered “ordinary commute time” and thus non-compensable. With this opinion letter, the DOL reviewed whether travel between an employee’s home and office during the middle of the workday must be treated as compensable work time under the Fair Labor Standards Act (FLSA) when the employee performs work at both locations and the travel is a voluntary alternative to commuting before or after the workday.
The letter addresses commute-time compensability of home-to-work travel in three different scenarios:
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