The United States Department of Labor (DOL) today 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.
Opinion letters provide official written interpretations from the department’s enforcement agencies that address real-world questions from individuals or organizations. The letters explain how the laws the division enforces, including the FLSA, apply to specific factual circumstances and that may also help the public understand their rights and responsibilities.
“These opinion letters offer comprehensive guidance that allows employers to confidently make informed decisions regarding a wider variety of employee work arrangements,” said Wage and Hour Division Administrator Andrew Rogers. “By elucidating how the FLSA applies to various commuting situations, the division is enabling organizations to successfully implement compliant practices that support operational and employee needs, while ensuring that workers are properly compensated for all hours worked.”
The two opinion letters issued today are:
- FLSA2026-9: Whether mid-day travel between an employee’s home and work office is worktime that an employer must record and pay for under the FLSA, where the employee performs work at both locations and the mid-day travel is offered as a voluntary alternative to unpaid commuter travel that would otherwise occur before or after the employee’s workday.
- FLSA2026-10: Whether time spent by an employee receiving pages, calling clients and other workers to schedule appointments, and driving from home to the first client appointment is worktime that an employer must record and pay for under the FLSA.
In June 2025, the department announced the relaunch of the opinion letter program, which expands its longstanding commitment to providing meaningful compliance assistance that helps workers, employers, and other stakeholders understand how federal labor laws apply in specific workplace situations.