DOL Clarifies How Mid-Day Commuting is Treated for FLSA Purposes

The DOL has released an opinion clarifying that mid-day commuting is not necessarily compensable time for Fair Labor Standards Act (FLSA) purposes. Post-pandemic, many employers continue to allow employees to work from home when possible if the employee wishes. Many have permitted hybrid situations, where an employee works from home for part of the day and works from the office for part of the day. The DOL has clarified that when an employee works from home early in the day and then commutes to the office, that commuting time is treated as ordinary commute time, and thus is not compensable. The DOL emphasized the fact that time is treated as compensable if it is predominantly for the employer's benefit, rather than to accommodate the employee's preferences. Time does not become compensable merely because an employee will perform a portion of their work duties at home and a portion at the job site. For more information on recent developments governing compensable income for FLSA purposes, visit Tax Facts Online. Read More: Link to Q8522.2.