The U.S. Department of Labor’s (DOL) Wage and Hour Division issued two new opinion letters, FLSA2026-9 and FLSA2026-10 on July 22, 2026, addressing how the Fair Labor Standards Act (FLSA) treats travel by employees who work part of their day at home. Read together, the letters offer useful guidance for employers navigating telework, split shifts, and mobile field workforces.
By way of background, a DOL opinion letter is an official written opinion on how a law applies to a specific workplace situation. The letter responds to a request submitted to the DOL and is based solely on the facts articulated in the request. Opinion letters are not binding on courts, but they carry weight as persuasive authority and can help demonstrate good faith to avoid liquidated damages in FLSA litigation.
Both letters address the same core question: when does travel between an employee’s home and worksite become compensable work under the FLSA? The answer turns on whether the travel is an “ordinary” commute that benefits the employee, or employer-dictated travel that primarily benefits the employer.
Opinion Letter FLSA2026-9: Mid-Day Commuting in Telework/Split-Shift Arrangements
The DOL’s Answer: No. Such mid-day travel qualifies as “ordinary” or...
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