If you are not an AIM member - Consider joining. AIM Members receive access to all our premium content online.
If you're an AIM member please login to your AIM account to view this post:
Posted on July 31, 2026
The U.S. Department of Labor (DOL) continues to issue opinion letters explaining how federal wage-and-hour laws apply to real-world workplace situations.
On July 22, 2026, the DOL released two new opinion letters addressing when employee travel time must be recorded and paid under the Fair Labor Standards Act (FLSA). The letters focus on two increasingly common workplace arrangements:
Although the letters address specific circumstances, they provide helpful guidance for employers reviewing their timekeeping and travel-pay practices.
Work Performed Before the First Appointment May Be Compensable
The first opinion letter explained when employees must be paid for work they perform before arriving at their first job site of the day.
In this case, a field service engineer drove an employer-provided vehicle from home to customer locations. The DOL explained that normal commuting in a company-provided vehicle is generally not considered paid work time under the Employee Commuting Flexibility Act (ECFA). The opinion letter also concluded that briefly receiving work assignments or pages during that normal commute is generally considered incidental to the commute and does not have to be paid.
However, the DOL distinguished between simply receiving information and actively performing work. Once the employee began calling clients to schedule appointments, coordinating schedules with other field service engineers, or performing other activities that were an essential part of the job, the employee was performing compensable work under the Fair Labor Standards Act (FLSA). The DOL also noted that these activities benefit the employer and are more than just a minor part of the employee’s commute.
The opinion letter further explains that if an employee performs these work duties while driving to the first appointment, some or all of that travel time may become compensable because the employee is actively working rather than simply commuting. Employers should also remember that state wage and hour laws may provide greater protections than federal law and should be reviewed before applying this guidance.
HR Tip: Employers should review when employees begin performing job duties each day. If employees are making work-related phone calls, scheduling appointments, coordinating work with coworkers, or performing other required tasks before arriving at their first work location, that time may need to be counted as hours worked. Employers with employees who drive company vehicles should also review their pay practices to ensure they comply with the DOL’s guidance.
Voluntary Mid-Day Commuting May Remain Unpaid
The second opinion letter discussed travel during the employee’s work day.
The DOL recently issued an opinion letter explaining when travel between an employee’s home and office must be paid under the Fair Labor Standards Act (FLSA). The letter focuses on non-exempt employees who split their workday between home and the office for convenience or scheduling flexibility.
In the examples reviewed by the DOL, employees performed some work at home and some work at the office. One employee worked at home in the morning, drove to the office mid-day to avoid rush-hour traffic, and then finished the day working from home. Another employee completed extra project work at home before driving to the office. A third employee left the office in time to catch the last city bus and finished remaining work from home later that evening. Employees performed some work at home and some work at the office, including mid-day commuting, early-morning remote work, and finishing work from home after leaving the office.
The DOL concluded that these trips were still considered normal commuting time, even though they occurred during the workday. Because the travel was voluntary and primarily benefited the employee, the employer generally did not have to count the travel time as hours worked or pay for it. The DOL also explained that this type of travel is different from travel between job sites during the workday, which is still compensable. Voluntary mid-day commuting that primarily benefits the employee is generally not compensable, while travel between job sites during the workday remains compensable.
The opinion letter also confirmed that employers must still pay employees for all time spent performing work at home, including checking emails, completing assignments, or performing other job duties before leaving for the office or after returning home. In addition, if an employee performs work while commuting, that working time may become compensable. All work performed at home must still be paid, and work performed during the commute may make that time compensable.
HR Tip: Employers offering hybrid or split-day schedules should have clear timekeeping procedures so employees record all hours worked at home and in the office. Employers should also make sure employees understand that normal commuting time is generally unpaid, even when it occurs in the middle of the day, as long as the travel is voluntary and the employee is not performing work during the commute. Use clear timekeeping procedures for hybrid employees and communicate that voluntary mid-day commuting is generally unpaid unless work is performed during the trip.
Resources:
Have a Wage and Hour Question?
AIM members can contact the AIM HR Helpline for practical guidance from experienced HR and employment law professionals.
AIM HR Helpline
800-470-6277
helpline@aimnet.org
Monday through Friday, 8:30 AM–5:00 PM
