On July 22, 2026, the U.S. Department of Labor’s Wage and Hour Division issued two opinion letters: FSLA2026-9 and FSLA2026-10 – clarifying when travel and pre-shift activities are compensable under the Fair Labor Standards Act (FSLA). Normal home-to-work commuting remains unpaid, but the DOL more clearly defined the lines between an ordinary commute and travel time or pre-shift work that crosses into compensable time¹.

FSLA2026-9

The first opinion letter, FSLA2026-9, addressed employers that allow non-exempt employees to split their workday between home and the office. The DOL determined that mid-day travel between an employee’s home and office remains non-compensable (ordinary commute), even though it occurs during the continuous workday when three conditions are satisfied:

1. travel is a voluntary alternative to commuting at the start or end of the workday;
2. the employee is fully relieved of work duties during the trip; and
3. the employer maintains accurate timekeeping at both locations.

The opinion also analyzed three scenarios: an employee who commutes midday to avoid rush-hour traffic, an employee who performs extra work at home before the regular commute, and an employee who catches the last bus home and finishes work at home after. In each case, the DOL found the commute to be non-compensable because it primarily benefited the employee.

Significance of FSLA2026-9

The DOL formally recognized ordinary home-to-work commute as a third category of non-compensable time during the workday, alongside bona fide meal breaks and off-duty time. The clarification removed a barrier for employers that have hesitated to offer split-day flexibility to non-exempt staff.

Additionally, two important limits were reaffirmed: first, travel from worksite to worksite during the day remains compensable. Any time spent actually working must be paid time. Secondly, home-to-work travel can become compensable but only under employer-dictated conditions that impose significant constraints on the employer’s time.

FSLA2026-10

The second opinion letter, FSLA2026-10 addressed field service employees who receive electronic assignments, call clients to schedule services, and commute from home to client sites in employer-provided vehicles. The DOL drew a critical distinction between two types of pre-shift activities: passive receipt of pages and client scheduling and opined that the latter is compensable.

Passive receipt of pages – generally not compensable

The DOL found that the time spent accepting electronic assignment pages was brief and “incidental” to commuting in an employer-provided vehicle, and thus falls outside the compensable hours worked.

Active client scheduling – compensable

Contrarily, the DOL found that calling clients to arrange appointments and coordinating with other employees is an integral and indispensable part of the employee principal activity of servicing equipment at client sites and thus compensable.

Significance of FSLA2026-10

The DOL further addressed what happens to commute time when the above activities are performed. When an employee spends a substantial amount of time before departing making scheduling calls and then immediately driving to the first client site, the drive is compensable because the employee lacks the freedom and flexibility associated with an ordinary commute. Similarly, when an employee begins scheduling calls during the commute, the workday starts with the first call and the remaining travel time to the first client site is compensable.

What Should Businesses Do?

Hybrid / Remote Employers:

• Review telework policies to confirm that midday commuting arrangements are genuinely voluntary and driven by employee preferences to ensure that time is not required to be compensable.
• Ensure employees are full relieved of all work duties during transit
• Maintain timekeeping systems to capture home and work time
• Document split-location schedules to serve employee convenience to ensure time is not required to be compensable.

Employers of Field Service and Traveling Employees:

• Distinguish between passive receipt assignments and active client scheduling / coordination to properly determine compensable time
• Audit dispatch and mobile device workflows: ensure pre-shift and in-transit work is tracked and compensated.
• Evaluate where commute time following substantial required work still qualifies as ordinary commute
• Consider establishing reasonable written agreements for employees with hard-to-measure at-home work

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¹ JDSUPRA: DOL Clarifies Compensable Travel & Pre-Shift Work Time: What Hybrid and Field Service Employers Must Know