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Employers Blog — Update

DOL Issues Opinion Letters Explaining When Commutes Are Considered Compensable Work Under Federal Law

“On July 22, 2026, Wage and Hour Division (“WHD” or the “Division”) of the U.S. Department of Labor (“DOL”) issued two opinion letters clarifying when commute time is compensable under the Fair Labor Standards Act (“FLSA”). The first, FLSA2026-9, holds that a midday commute between home and office remains an unpaid commute as long as the employee, not the employer, controls its timing and it is genuinely voluntary. The second opinion letter, FLSA2026-10, addresses field/dispatch employees and finds that merely receiving a work assignment is not compensable, but actively scheduling appointments or coordinating other workers is “integral and indispensable” work that starts the compensable workday.”