When discussing hybrid working arrangements, many employers focus on a schedule that includes some remote work days and some days in the office. However, some scheduling arrangements with employees split individual working days between time in the office and time spent working from home. When the employee in question is non-exempt under the Fair Labor Standards Act, is their mid-day commute between the office and home compensable working time?

Last month, the Department of Labor’s Wage and Hour Division issued an opinion letter in response to this question. The baseline rule is that once a non-exempt employee commences the workday, time spent traveling from worksite to worksite is considered compensable working time. For split-day work arrangements, however, the DOL says that this regular principle does not apply. According to the opinion letter, the time spent traveling between home and the office mid-day is akin to regular, non-compensable commuting time. This travel primarily benefits the employee and not the employer, and for FLSA purposes is treated similarly to breaks or mealtimes.

DOL cautioned employers that even if the mid-day commuting time is not compensable, the employer must record hours and pay the employee for all time spent working regardless of the location. This opinion letter provides flexibility for employers and employees to negotiate work schedules that make sense for them without incurring unanticipated wage payment liabilities.

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