Is Drive Time Paid When Employees Split Their Day Between Home and the Office? New DOL Guidance Explains
The U.S. Department of Labor's Wage and Hour Division (WHD) recently issued Opinion Letter FLSA2026-9, which addresses when commute time must be paid for remote and hybrid employees who travel in the middle of the workday.
Let’s Look at the Scenarios
The DOL considered three everyday scenarios. In the first, an employee works from home from 8 to 10 a.m., drives to the office to keep working, then drives home and finishes the day there from 3:30 to 5 p.m. In the second, an employee puts in extra time at home before their shift and then drives in to start their regular workday. In the third, an employee leaves the office early to catch the bus and wraps up their work at home.
What the DOL Says About Commute Time
In all three scenarios, the DOL concluded that the commute does not have to be paid. Starting the day with work at home doesn't turn the trip to the office into paid time.
That point is key. Some parts of the day are unpaid no matter when they happen: genuine meal breaks, time when the employee is truly off duty, and a normal commute between home and work. Splitting the workday doesn't change that.
How to Tell If Travel Time Is Paid
The question is who the travel mainly benefits. When an employee chooses to split their day between home and the office for their own convenience, the travel benefits the employee and is unpaid. When the travel is mainly for the employer's benefit, it is generally paid.
What Still Counts as Paid Time
This guidance doesn't change the rules for other work-related travel. Employers should continue to pay for travel between two work locations during the day, travel that is itself part of the job, any work the employee does while traveling (such as taking calls or answering emails), and special one-day assignments or emergency trips made for the employer's benefit.
The Takeaway for Employers
Hybrid and remote arrangements don't automatically make an employee's commute paid time. Review your remote work and timekeeping policies, and make sure employees know to record any work they do while traveling. Mistakes can lead to back pay, overtime, and other penalties under federal and state law.
Have Questions About Your Remote Work Policies?
Navigating wage and hour requirements for remote and hybrid employees can be challenging. Triumph HR can help you review your remote work and timekeeping policies, understand compliance considerations, and establish clear practices that support your organization.
-Sheila Crawford
Director of HR Consulting