DOL Clarifies When Travel Time Is Compensable for Hybrid and Mobile Employees

On July 22, 2026, the U.S. Department of Labor’s Wage and Hour Division issued two Opinion Letters providing additional guidance on when travel time is compensable under the Fair Labor Standards Act (FLSA) for hybrid and mobile employees. The guidance addresses two increasingly common workplace scenarios: employees who split their workday between home and the office, and field employees who begin their workday from home before traveling to their first job site. 

Although the Opinion Letters do not change existing law, they provide helpful clarification for employers navigating wage and hour compliance in today’s flexible work environment. The key takeaway is that whether travel time must be paid depends not simply on when it occurs during the day, but on the nature of the work performed and whether the employee’s activities primarily benefit the employer.

If your business employs hybrid, remote, or field-based employees, ILS can assist in reviewing your remote work policies, employee handbook, timekeeping practices, and wage and hour compliance. For more information, please contact the ILS team at contact@consultils.com.

Mid-Day Travel Is Not Automatically Compensable

The first Opinion Letter (FLSA2026-9) considers situations in which non-exempt employees voluntarily divide their workday between home and the office. For example, an employee may begin working from home to avoid rush-hour traffic before commuting to the office, or leave the office early and complete remaining work from home.

The DOL concluded that these trips generally remain ordinary home-to-work commutes and are therefore not compensable, provided the arrangement is voluntary and primarily benefits the employee rather than the employer. Simply because the commute occurs after work has begun does not automatically convert it into paid work time. 

The Opinion Letter also reaffirms two longstanding principles:

• Travel between worksites during the workday generally remains compensable.

• Any work actually performed during a commute must be compensated.

Pre-Travel Work May Change the Analysis for Mobile Employees

The second Opinion Letter (FLSA2026-10) focuses on field employees who receive assignments electronically at home before traveling directly to their first customer location.

The DOL distinguishes between preliminary activities that are merely incidental to commuting and work that is integral and indispensable to the employee’s principal duties.

For example, simply receiving or reviewing electronic work assignments is generally not compensable. By contrast, contacting customers, coordinating schedules with coworkers, arranging service details, or performing other substantive job-related tasks before departure may constitute compensable work time. 

The DOL further explains that when an employer requires an employee to perform substantial work immediately before or during travel—leaving little of the flexibility typically associated with an ordinary commute—the travel to the first job site itself may become compensable. 

The Focus Remains on the Nature of the Work

Taken together, the Opinion Letters reinforce that travel time determinations remain highly fact-specific.

The analysis does not turn solely on where an employee works or whether the workday has technically begun. Instead, employers should consider whether the employee has begun performing principal work activities, whether the travel primarily benefits the employer, and whether the travel remains an ordinary commute or has effectively become part of the employee’s workday.

Compliance Considerations for Employers

Employers with hybrid, remote, or mobile workforces should consider reviewing their wage and hour practices in light of the DOL’s guidance. Areas for review may include:

• Whether employees in different roles perform substantive work before traveling to the office or first job site;

• Whether written policies clearly distinguish voluntary flexible scheduling from employer-directed work activities;

• Whether non-exempt employees accurately record all compensable work performed before, during, and after travel;

• Whether travel-related work is consistently classified and compensated across departments; and

• Whether supervisors understand when pre-travel or in-transit work may trigger compensable time under the FLSA.

Regular audits of timekeeping practices, remote work policies, and supervisor instructions can help identify potential wage and hour risks before they develop into disputes.

Conclusion

The DOL’s latest Opinion Letters do not establish new legal standards, but they provide valuable guidance for employers managing increasingly flexible work arrangements.

As hybrid work and mobile workforces continue to evolve, employers should ensure that their timekeeping practices, remote work policies, and payroll procedures accurately reflect how work is actually performed—not simply where it takes place.

If your business employs hybrid, remote, or field-based employees, ILS can assist in reviewing your remote work policies, employee handbook, timekeeping practices, and wage and hour compliance. For more information, please contact the ILS team at contact@consultils.com.

Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.

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As Managing Partner at ILS, Richard Liu ranks among the leading U.S. attorneys in corporate, employment, and regulatory law. He is known for crafting legal strategies aligned with clients’ business objectives and advising Fortune 500 companies, startups, and executives on corporate transactions, financing, privacy, and employment matters across the technology, healthcare, and financial sectors.

Before founding ILS, Richard practiced at top defense firms, where he developed a reputation for anticipating risks and designing strategies that balance protection with growth. He has secured favorable outcomes in contract and intellectual property disputes, represented clients in state and federal courts, and is recognized for combining large-firm expertise with boutique-firm agility. Richard is also a frequent speaker at industry and legal conferences.

Email: contact@consultils.com | Phone: 626-344-8949