DOL Guidance on Compensable Commute and Travel Time

The U.S. Department of Labor’s Wage and Hour Division recently issued two opinion letters addressing when commute time, pre-shift activities, and travel time may count as compensable hours worked under the Fair Labor Standards Act.

The opinion letters focus on two common situations: hybrid or split-day work arrangements, and field-based employees who begin their workday from home. The DOL emphasized that the key question is whether the time is spent primarily for the employer’s benefit or the employee’s benefit.

For hybrid and split-day employees, the DOL stated that another wise ordinary commute does not become compensable simply because it occurs in the middle of the workday. If the employee is fully relieved of duties during the drive and the timing is voluntary and primarily benefits the employee, the commute generally remains non-compensable.

However, for field or dispatch employees, the analysis maybe different. The DOL distinguished between simply receiving assignments, which may be incidental to commuting and non-compensable, and performing required work such as calling clients, scheduling appointments, or coordinating other employees. Those activities may be compensable and may start the employees’ workday. In some circumstances, a drive following required pre-shift work may also become compensable if the employer controls the timing and manner of travel.

Key Takeaway

Commute and travel time issues remain highly fact specific. Employers should review hybrid work arrangements, field employee practices, pre-shift duties, and time keeping procedures to ensure all compensable work is properly recorded and paid.

How JCA Law Can Help

JCA Law can assist employers with reviewing wage-and-hour practices, employee travel time, remote or hybrid work arrangements, field employee procedures, and FLSA compliance.

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