Compensable Travel Time: What Two New DOL Opinion Letters Mean for Employers
Release Date: 08/12/2026
Compensable Travel Time: What Two New DOL Opinion Letters Mean for Employers
Employment Law This Week
What employers should know about key developments this week: DOL Opinion Letter FLSA2026-9: The U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) evaluated several real-world scenarios—such as an employee working from home in the morning to avoid traffic before commuting in later—and concluded that voluntary midday travel between home and the office qualifies as “normal” or “ordinary” commuting, and need not be compensated, even where the employee performs work at both locations. DOL Opinion Letter FLSA2026-10: In a second letter, the WHD distinguished between...
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Change Is Coming from the EEOC—but When?
Employment Law This Week
What employers should know about key developments this week: U.S. Equal Employment Opportunity Commission (EEOC) Regulatory Agenda: The EEOC is pursuing sweeping changes aligned with the current administration’s deregulatory priorities, including rescission of decades-old guidance on discrimination. EEO-1 Reporting Changes: A proposed rule to eliminate EEO-1 and companion reporting requirements is in the public comment stage (comments are due August 24), but employers should maintain current data collection practices pending final action. Revisions to Pregnant Workers Fairness Act (PWFA)...
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New York Employers Face New Restrictions on Severance, Tuition Repayment, and Sick Time
Employment Law This Week
What employers should know about key developments this week: Severance Agreement Overhaul: The No Severance Ultimatums Act, awaiting Governor Kathy Hochul’s signature, would extend a 21-day review period plus a seven-day revocation period to all employees and require severance agreements to explicitly state that the employee has the right to consult counsel. The legislation would take effect immediately upon signature. Trapped at Work Act Amendments: On December 19, 2026, New York’s ban on “stay or pay” promissory notes takes effect. The Trapped at Work Act carves out financial...
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Beyond the EEOC: The Widening Divide in Disparate Impact Enforcement
Employment Law This Week
What employers should know about key developments this week: EEOC’s New Direction: The Equal Employment Opportunity Commission (EEOC) has scrapped its two-year-old enforcement priorities and rescinded 40-year-old affirmative action guidance in favor of a federal strategy that deprioritizes disparate impact liability and focuses enforcement on disparate treatment claims. State-Level Backlash: Multiple states—including California, Colorado, Connecticut, Illinois, Massachusetts, Minnesota, New Jersey, and New York—have expanded or maintained disparate impact liability in their civil rights...
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The NLRB Is No Longer Independent—What Employers Need to Know
Employment Law This Week
What employers should know about key developments this week: Agencies Lose Their Independence: In Trump v. Slaughter, the U.S. Supreme Court held that federal agencies such as the National Labor Relations Board (NLRB) are not “independent.” The NLRB’s Board members and General Counsel serve at the President’s pleasure and can be removed at any time, for any reason—or for no reason. The Ripple Effect on the NLRB: Although the Slaughter ruling doesn’t affect other positions at the NLRB, it has the potential to have a significant trickle-down effect on those...
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Fertility Benefits, Medical Marijuana, and Whistleblower Protections
Employment Law This Week
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States Are Now Writing the Workplace AI Rules
Employment Law This Week
What employers should know about key developments this week: States Lead on Workplace AI: With federal regulators slowing new rules, individual states are setting their own requirements for employers that use artificial intelligence (AI), creating a patchwork for multistate workforces. California’s Executive Order: Governor Gavin Newsom issued an executive order (EO) targeting AI-driven labor market disruption and directing state agencies to recommend updates to California’s Worker Adjustment and Retraining Notification (WARN) Act for AI-related mass layoffs. Connecticut’s New AI Law:...
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Agencies Step Up DEI Scrutiny, DOL Clarifies Overtime Rules, and California Court Limits PAGA Claims
Employment Law This Week
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EEO-1 Reports, Remote Work, and Non-Compete Restrictions in Tennessee
Employment Law This Week
What employers should know about key developments this week: EEOC Proposes Eliminating EEO-1 Reports: The Equal Employment Opportunity Commission (EEOC) is proposing the complete elimination of EEO-1 reports (which include employee demographic data, such as race and gender), along with the rescission of EEO-2, EEO-3, EEO-4, and EEO-5 reports. Fifth Circuit Rules on Remote Work Accommodations: The U.S. Court of Appeals for the Fifth Circuit found that in-person attendance is an essential job function and that COVID-era accommodations do not define that standard today—a ruling that...
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State Pay Transparency Laws in 2026: Maine and Virginia Join the Ranks
Employment Law This Week
What employers should know about key developments this week: Virginia and Maine Pay Transparency Laws: Both states require employers to disclose compensation ranges in job postings starting this summer (Virginia on July 1 and Maine on July 29), with key distinctions that will affect compliance strategies across industries. Remote Work Compliance Risks: Pay transparency laws can apply to any employer with even a single remote employee working in a covered state, which means that multistate and remote-first employers face heightened exposure regardless of where they are headquartered....
info_outlineWhat employers should know about key developments this week:
- DOL Opinion Letter FLSA2026-9: The U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) evaluated several real-world scenarios—such as an employee working from home in the morning to avoid traffic before commuting in later—and concluded that voluntary midday travel between home and the office qualifies as “normal” or “ordinary” commuting, and need not be compensated, even where the employee performs work at both locations.
- DOL Opinion Letter FLSA2026-10: In a second letter, the WHD distinguished between commute-related tasks that are merely incidental to travel and those that are integral to job duties. Specifically, the WHD found that time spent by the employee in question receiving pages or assignments was not compensable, while time spent calling clients or scheduling appointments was compensable.
- Why These Letters Matter: Work increasingly happens in noncontinuous blocks across different locations, raising new questions about when travel time is compensable. While WHD opinion letters aren't binding on courts, they provide guidance for employers; the agency has issued 12 so far in 2026, with more expected.
In this episode of Employment Law This Week®, Epstein Becker Green attorneys Paul DeCamp and Eduardo J. Quiroga discuss the two opinion letters and their implications for compensable travel time.
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