DOL Gives Employers a Green Light, With Guardrails, to Let Non-Exempt Employees Split Their Workday Between Home and Office

The Department of Labor's Wage and Hour Division (WHD) issued Opinion Letter FLSA2026-9 on July 22, concluding that when a non-exempt employee voluntarily splits a workday between home and the office, the mid-day commute generally remains unpaid "ordinary" travel, even if the employee performs compensable work at home before or after the trip. WHD clarified that the ordinary commute constitutes a third category of time during the workday that is not "hours worked," in addition to bona fide meal... By: Baker Donelson