DOL: a mid-day commute the employee asked for is not paid time
Under a July 22 DOL opinion letter, a nonexempt employee who chooses to work from home, go to the office later, and return home to finish the day
Status: In effect
Jurisdiction: Federal · Topic: Wage & Hour
Source: U.S. Department of Labor, July 22, 2026
What changed
Under a July 22 DOL opinion letter, a nonexempt employee who chooses to work from home, go to the office later, and return home to finish the day generally does not have to be paid for that commute if no work is done while driving.
Driving between job sites is still paid time, and state law may differ.
What to do
Check how you record split-day schedules for hourly employees. The commute itself is unpaid, but every minute worked at home before and after it is paid and counts toward overtime.
Primary source: U.S. Department of Labor, July 22, 2026. Part of Compliance Watch, Issue 01 (September 11, 2026). Last reviewed September 11, 2026.
Questions employers ask
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What should employers do now?
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Every “What to do” line above is a task for someone at your company. Our clients hand the payroll and tax pieces to us and get an HR advisor for the rest.
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General information from VertiSource HR, not legal or tax advice. How a rule applies depends on your company and your state. Check with us or your attorney before acting.
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