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Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →Outbyte Driver Updater FREEFix the driver behind crashes, sound loss and screen glitchesFind Drivers →Under the federal Fair Labor Standards Act (FLSA), ordinary travel between home and work is generally unpaid, but travel between work locations during the workday usually counts as paid time. Special rules also apply to one-day assignments in another city, overnight trips, work performed while commuting, and some commutes in employer-provided vehicles. These are federal baseline rules; state and local law may require more. This article reflects U.S. Department of Labor (DOL) guidance current as of October 11, 2026.
Start by identifying the kind of trip
The answer depends less on the number of miles than on why and when the employee traveled, whether the trip kept the employee away overnight, and whether the employee performed duties en route. The FLSA categories below provide a practical starting point for evaluating a trip.
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| Type of travel | Federal baseline |
|---|---|
| Usual trip between home and work | Generally not hours worked, even if the employee works at different locations on different days. DOL Fact Sheet #22 |
| Travel between work locations during the workday | Generally hours worked. DOL Fact Sheet #22 |
| Special one-day assignment in another city | Generally hours worked, less the time the employee would normally spend commuting to the regular workplace. DOL elaws example |
| Overnight travel as a passenger | Travel overlapping normal working hours is generally counted; passenger time outside those hours is generally excluded under DOL enforcement policy. DOL Fact Sheet #22 |
| Work performed during an otherwise unpaid trip | Count the time spent working. DOL opinion-letter materials |
When is an ordinary commute unpaid?
The usual trip from home to work at the start of the workday, and the return trip at its end, generally is commuting rather than work time. DOL says this generally remains true when an employee works at a different job site on different days: a changing first or final site does not by itself convert the trip into workday travel. DOL Travel Time
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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchThe commute rule does not make work performed along the way unpaid. If an employer requires duties during an otherwise ordinary commute, the time spent doing that work must be counted. DOL’s July 2026 opinion-letter materials address examples involving mid-day home-office travel and a worker who receives pages, schedules appointments, and drives to a first client appointment. Those interpretations turn on the facts described in the letters; they are not a categorical rule for every hybrid or mobile worker. DOL opinion letters
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When does travel between work locations count?
Travel from one job site to another as part of the workday generally counts as hours worked. For example, an employee sent to a second location after finishing work at the first is traveling on the employer’s business. A trip home from the final site is ordinarily treated as the commute home. DOL Fact Sheet #22
DOL’s direct-care guidance illustrates the distinction: travel between clients during the day is paid, while the trip from home to the first client is generally commuting. Driving or accompanying a client on errands is described as “all in the day’s work.” The underlying principle applies beyond care work: consider whether travel is part of the employee’s principal activity. DOL Fact Sheet #79D DOL direct-care FAQ
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How is a special one-day assignment in another city treated?
When an employee who normally works at a fixed location is sent to another city for a special one-day assignment and returns that day, DOL generally treats the assignment travel as work time. The employer may subtract the time the employee would normally spend commuting to the regular workplace. In DOL’s example, travel from home to an airport or other public-transit terminal and back remains ordinary commuting, and meal time may be excluded. DOL elaws example
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How does overnight travel work?
For travel away from home overnight, passenger travel that overlaps the employee’s normal working hours is generally counted as work time, including when the travel occurs on a day the employee would not normally work. Under DOL’s stated enforcement policy, passenger travel outside normal working hours generally is not treated as work time. DOL Fact Sheet #22
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That distinction concerns time spent traveling as a passenger, not duties performed during the trip. Work performed while traveling must be counted. Time when the employee is required to assist or remain available is not automatically duty-free; only periods sufficiently free of duties for the employee’s own use may be excluded. DOL Fact Sheet #22
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Can a commute in an employer-provided vehicle be unpaid?
Sometimes. DOL describes a conditional rule for commuting in an employer-provided vehicle and incidental activities associated with using it. The trip generally is not hours worked when the commute is within the employer’s normal commuting area and vehicle use is subject to an agreement between the employer and employee or their representative. DOL’s elaws guidance also identifies conditions involving a vehicle normally used for commuting, the ability to use the normal route, and no additional cost to the employee. A company vehicle alone does not make every trip unpaid. DOL elaws vehicle guidance DOL Travel Time
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What to check for a particular trip
- Mark the trip’s place in the workday. Was it the initial trip from home, travel between work locations, or the trip home after the last location?
- Check whether the trip kept the employee away overnight. If it did, compare passenger travel with normal working hours and identify any duties performed.
- Ask whether the trip was ordinary commuting or a special assignment. A one-day assignment in another city has a distinct rule and a normal-commute offset.
- Identify work and responsibilities during travel. Time spent working must be counted even if the trip otherwise resembles commuting or passenger travel.
- For an employer vehicle, check every condition. Consider the commuting area, agreement, vehicle use, route, and cost to the employee.
- Check the applicable state and local rules. DOL directs employers and employees to state labor offices because requirements vary by jurisdiction. DOL Travel Time
The federal framework does not resolve every case. The employee’s duties, travel schedule, whether they were relieved of duty, and any applicable exemption, agreement, or more protective state or local law may affect the result.
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