FLSA Travel Time: Employer Guide to Paid Commuting, Remote Work, and Special Assignments
Whether travel time must be paid begins with one foundational issue: the employee’s exemption status. Under the FLSA, travel‑time rules apply only to non‑exempt employees. Exempt employees do not receive additional compensation for travel time, regardless of distance, time of day, or whether the travel occurs on weekends. For non‑exempt employees, however, travel time may be compensable depending on the type of travel — and this is where employers routinely make mistakes.
FLSA Commuting Rules: Compensable vs. Non‑Compensable Home‑to‑Work Travel
Normal home‑to‑work commuting is not paid. That rule is straightforward, but employers often misapply it because they overlook the exceptions.
One of the most common errors involves employees reporting to a different worksite than their usual location. When an employer temporarily assigns a non‑exempt employee to another worksite, the employer must pay for the additional travel time beyond the employee’s normal commute. The entire commute does not suddenly become paid; only the difference does. For example, if an employee normally drives twenty minutes to their regular worksite but must drive fifty minutes to a temporary assignment, the first twenty minutes remain unpaid, and the additional thirty minutes become compensable.
There are situations, however, where the entire commute becomes paid worktime. If the employee must pick up tools, equipment, or materials at a designated location before traveling to the job site, the travel becomes part of the workday. Likewise, if the employee performs work during the commute — responding to messages, taking calls, or preparing assignments — the travel becomes compensable. And when an employer requires a substantially longer commute that is outside the employee’s normal pattern, or when the employee has no fixed worksite at all, the travel may be treated as worktime rather than commuting.
Remote and Hybrid Workers: FLSA Travel and Commuting Rules After the 2026 DOL Opinion Letters
Remote and hybrid work arrangements have created new questions about whether mid‑day travel between home and the office counts as compensable worktime. On July 22, 2026, the U.S. Department of Labor issued two opinion letters — FLSA2026‑9 and FLSA2026‑10 — addressing precisely this issue. Although opinion letters are nonbinding on courts, they represent the agency’s enforcement position and may receive deference when courts find the reasoning persuasive and when no contradictory authority exists.
In FLSA2026‑9, the DOL concluded that when a non‑exempt employee voluntarily splits their workday between home and the office, the mid‑day commute remains unpaid ordinary home‑to‑work travel, even if the employee performs compensable work at home before or after the trip. The Wage and Hour Division emphasized that ordinary commuting is a third category of non‑compensable time, alongside bona fide meal breaks and off‑duty time, and clarified that mid‑day home‑to‑office travel does not become compensable merely because the employee performs work at home earlier in the day. The key factor is voluntariness: when the employee chooses the mid‑day commute for personal convenience, and the employer does not require the split‑day arrangement, the travel remains non‑compensable.
The opinion letter also addressed employer concerns about the continuous workday doctrine, explaining that allowing employees to work at home before commuting to the office does not convert the commute into paid travel so long as the employee is fully relieved of duty during the commute and the arrangement is voluntary.
In FLSA2026‑10, the DOL addressed a different scenario: when an employee receives pages, calls clients, schedules appointments, or otherwise performs work before leaving home for the first client appointment. In that situation, the DOL concluded that the employee’s home‑to‑first‑worksite travel becomes compensable because the employee has already begun their principal activities. This opinion letter reinforces the longstanding rule that once an employee begins work, any subsequent travel — even from home — is part of the continuous workday and must be paid.
Taken together, these opinion letters establish a clear enforcement framework: voluntary mid‑day home‑to‑office travel remains unpaid ordinary commuting; required mid‑day home‑to‑office travel may be compensable if the home has become a worksite for that day; home‑to‑first‑worksite travel is compensable when the employee performs work before leaving home; and worksite‑to‑worksite travel remains compensable regardless of remote or hybrid status.
Employers should treat these letters as authoritative enforcement guidance while recognizing that judicial interpretation may vary.
FLSA Special One‑Day Assignments: When Alternate Worksite Travel Must Be Paid
Whether a single‑day worksite change qualifies as a “special one‑day assignment” under the FLSA is a highly fact‑sensitive determination. The analysis turns on the content of the employee’s job description, the employee’s normal work pattern, and whether the assignment is truly non‑routine, unusual, or performed at the employer’s special request.
If occasional travel to different local sites is already part of the employee’s job description — and the duties performed at those sites fall within the employee’s regular responsibilities — then those trips may not be “special assignments.” In those cases, the Portal‑to‑Portal Act’s commuting rule applies, and the employer is responsible only for paying the additional commuting time if the alternate worksite is farther from the employee’s home than their regular worksite.
By contrast, when an employer directs an employee to report to a location outside their normal work pattern for a one‑time, non‑routine, or unusual assignment, 29 CFR § 785.37 may apply and the travel may be compensable worktime.
FLSA Overnight Travel Rules: When Travel Time Must Be Paid
When travel keeps an employee away from home overnight, the employer must pay for travel time that occurs during the employee’s normal work hours, even if the travel occurs on weekends. For example, if an employee normally works from eight to four, any travel during those hours — whether on a Tuesday or a Saturday — is paid. Travel outside those hours is generally unpaid unless the employee is driving.
Driving vs. Passenger Travel: How the FLSA Treats Different Types of Travel Time
If the employee is driving, the time is always paid, regardless of when the travel occurs. Driving is work.
Passenger time is treated differently. Passenger travel is paid only when it occurs during the employee’s normal work hours. If the employee normally works from seven to three, then passenger time during those hours is compensable, even on weekends. Passenger time outside those hours is not.
Example: Home Health Aide Covering a Second Shift at a Different Worksite
Consider a home health aide who normally works 8:00 a.m. to 3:00 p.m. at Site A. The employer asks them — or the employee volunteers — to cover a vacant shift from 4:00 p.m. to 8:00 p.m. at Site B.
At 3:00 p.m., the aide leaves Site A and drives to a café, arriving at 3:15. They take a bona fide 30‑minute meal break — long enough to be unpaid under the FLSA, which requires a break of more than twenty minutes and complete relief from duty. At 3:45, they resume travel and drive from the café to Site B, arriving at 4:00.
Under the FLSA, both segments of travel — Site A to the café, and café to Site B — are paid worktime. The meal break itself is unpaid, but it does not end the workday. Once the employee has begun their first principal activity, any travel between worksites during the same workday is compensable, even if the employee pauses for lunch.
Variations do not change the rule. If the employee stops at a fast‑food drive‑thru, grabs food, eats in the car for ten minutes, and continues on to Site B, the break is too short to qualify as a bona fide meal period. Breaks under twenty minutes — including quick stops, eating in the car, or taking only fifteen or twenty minutes between client assignments — remain paid time. In those situations, the employee has not taken a true meal break, and the travel that follows is still part of the continuous workday.
Only when the employee takes a bona fide meal break of more than twenty minutes does the break become unpaid — but even then, the travel after the meal period remains compensable because the workday has not ended. The only thing that ends the workday is the employer having no further work scheduled.
Note: States that mandate meal breaks (e.g. California and New York) often require these breaks to be 30+ minutes to qualify as a meal break and be unpaid.
State Wage‑and‑Hour Laws and FLSA Preemption: When Federal Law Controls
State wage‑and‑hour laws can supplement the FLSA, but they cannot reduce the level of protection the FLSA guarantees. When a state statute or regulation addresses the same subject matter as the FLSA — such as compensable travel time, hours worked, or compensable breaks — and the state rule provides fewer worker protections or a narrower definition of travel, the FLSA governs and preempts the weaker state standard. The FLSA operates as a federal floor, not a ceiling: states may enact more protective rules, but they may not authorize employers to pay less, exclude more time, or classify travel in a way that conflicts with federal definitions of “hours worked.” Accordingly, if a state law would treat certain travel as non‑compensable but the FLSA would treat that same travel as paid worktime, employers must follow the FLSA. Only when a state law is more protective — for example, requiring compensation for additional categories of travel or imposing stricter break rules — does the state standard control.
Caveat: The Risks of Using AI for FLSA or Wage‑and‑Hour Compliance
AI tools can be helpful for brainstorming or organizing information, but they are not reliable sources for wage‑and‑hour (or other labor law) compliance. When drafting this article I sought assistance from AI (using highly detailed prompts), AI repeatedly produced:
Incorrect interpretations of FLSA travel‑time rules, especially around commuting, hybrid schedules, and special assignments.
Over‑generalized statements that ignored the fact‑sensitive nature of FLSA analysis.
Misleading summaries of DOL opinion letters, including incorrect assumptions about voluntariness, continuous workday doctrine, and remote‑work travel.
Citations to non‑authoritative commercial websites, which often oversimplify or misstate federal wage‑and‑hour standards.
Confusion between federal rules and state wage‑and‑hour laws, including situations where AI incorrectly implied state rules could override the FLSA.
Inconsistent treatment of § 785.37 and special one‑day assignments, sometimes misclassifying routine worksite changes as compensable travel.
These errors occurred even with careful prompting and legal context. Because I have dealt with FLSA compliance as part of my legal practice, I immediately saw these errors but when I confronted AI on them, it insisted it was correct, even when I gave it the applicable code section. It wasn’t until I showed it applicable case law that it accepted its conclusion was erroneous.
Because FLSA compliance is highly fact‑sensitive, and because AI systems do not reliably distinguish between authoritative legal sources and commercial summaries, employers should never rely on AI to determine whether travel time is compensable. AI can assist with drafting, but legal analysis must be performed by qualified counsel who understands the employee’s job duties, work patterns, scheduling practices, and jurisdiction‑specific requirements. Alternatively, highly-experienced HR personnel can provide you guidance on FLSA-compliance, however, the guidance is not a substitute for a legal opinion.
Legal Disclaimer: This Article Is Not Legal Advice
This article provides general information about FLSA travel‑time rules, remote‑work guidance, and related legal concepts. It is not legal advice. The subject matter discussed here is a highly fact‑sensitive, and small changes in job duties, scheduling practices, worksite patterns, or employer requirements can materially change the legal analysis. Employers should consult qualified employment counsel for advice on specific situations, especially when dealing with complex travel‑time issues, hybrid work arrangements, or multi‑site job descriptions.
FLSA Travel Time FAQ: Commuting, Remote Work, Hybrid Schedules, and Special Assignments
Is mid‑day home‑to‑office travel paid for remote or hybrid workers?
Under DOL Opinion Letter FLSA2026‑9, voluntary mid‑day home‑to‑office travel remains unpaid ordinary commuting.
Is home‑to‑first‑worksite travel paid if the employee works at home first?
Yes. Under FLSA2026‑10, performing work before leaving home makes the subsequent travel compensable.
Does distance matter for special one‑day assignments?
No. The analysis turns on whether the assignment is non‑routine and outside the employee’s normal work pattern.
Does voluntariness change whether travel is paid?
No. Voluntariness affects commuting classification only in hybrid scenarios; it does not change compensability for special assignments.
Are breaks under 20 minutes always paid?
Yes. Breaks under 20 minutes are always paid under the FLSA.
Does a meal break end the workday for travel‑time purposes?
No. A bona fide meal break pauses pay but does not end the continuous workday.
Are DOL opinion letters binding?
No. They are nonbinding but may receive Skidmore deference when comprehensive and consistent with the FLSA and subsequent DOL opinion letters.
Does the continuous workday doctrine apply to remote workers?
Yes. The doctrine applies regardless of location. Once an employee begins principal activities — whether at home, in the office, or at a client site — all subsequent travel is compensable until the employee is relieved of duty.
Is travel between client homes or employer sites always paid?
Yes. Travel between worksites during the workday is always compensable, regardless of distance, job description, or hybrid status.
Does the employee’s job description determine whether travel is paid?
Yes. If travel to alternate sites and the duties performed at the alternate site are part of the job description, occasional travel is “normal” and treated as commuting subject to the commuting rule. If not, a one‑off assignment may qualify as a special one‑day assignment and all travel time must be paid.
Can state law reduce travel‑time protections below the FLSA?
No. The FLSA preempts weaker state rules on subjects it covers.
