Remote Work Midday Commute Pay: What DOL Opinion Letter FLSA2026-9 Means
Quick answer: When an employee voluntarily chooses to work part of the day at home and then travel to the regular office, the midday trip may remain noncompensable home-to-work commuting rather than paid travel.
The July 2026 development
On July 22, 2026, the U.S. Department of Labor announced two opinion letters on remote work and commuter travel. FLSA2026-9 considered employees who performed work at home and later traveled to their regular office during the same day.
The Department concluded that the voluntary trip could remain ordinary commuting time when the split schedule was offered as an alternative to the unpaid commute that otherwise would have occurred before or after the workday.
Why the trip may remain a commute
Travel between employer-controlled job sites during a workday is generally compensable. The opinion letter distinguished a worker’s home from a customer location, branch office, or temporary project site.
The employee’s choice to begin at home did not automatically transform the later home-to-office trip into paid business travel.
Time that still must be paid
- Productive work completed before leaving home
- Calls, messages, or assignments handled during travel
- Work completed after arriving at the office
- Required customer or project-site travel
- Travel involving required transportation of equipment or other duties
Example
An employee works remotely from 8:00 a.m. to 11:00 a.m., stops working, drives 35 minutes to the regular office, and resumes at noon. The home and office work are paid. Under the opinion letter’s facts, the voluntary drive may remain unpaid commuting time.
If the employee must conduct a conference call or complete other work during the drive, that productive time must be recorded.
Employer checklist
- Define whether midday office attendance is voluntary or required.
- Prohibit unsafe work while driving.
- Provide a method to report mobile work.
- Separate ordinary commuting from customer travel.
- Review state travel-time laws and written policies.
Frequently Asked Questions
Is every midday commute unpaid?
No. The purpose of the trip, employer requirements, and work performed during travel matter.
Does remote work start the continuous workday?
It can, but the opinion letter recognizes that a voluntary home-to-office commute may remain noncompensable.
Are calls during the drive paid?
Required productive calls generally count as work time.
What if the employer orders the employee to report?
Required travel after work begins can require a different analysis.
Can state law be more generous?
Yes.
Official Sources
This article is for general educational purposes and is not legal, tax, accounting, payroll, or employment advice. Rules can change and may differ by state, locality, occupation, employer, and employee circumstances.
This calculator is for educational purposes only. Consult your employer or a labor attorney for advice specific to your situation.