09/03/2026
Pop quiz for business owners & leaders with remote or hybrid employees:
Your employee works from home in the morning, then drives to the office around lunch. Do you have to pay them for that drive?
What if they answered a few emails at home first, THEN drove to meet a client?
The answer might surprise you. 👀
The Department of Labor just gave us some clarity on this, and here's the plain English version:
Situation 1: Employee chooses to work from home in the morning and drive to the office later instead of commuting first thing.
→ You DON'T have to pay for that drive. They just swapped when they commute; that's on them.
Situation 2: Employee checks emails, returns calls, or schedules meetings at home BEFORE driving to a client.
→ You MIGHT have to pay for that drive. Why? Because they already started working. The drive is now part of their workday.
Why should you care?
Because if you're not tracking this correctly, you could end up owing back pay or worse, dealing with a wage complaint.
A lot of business owners assume any drive from home is just a "commute" and doesn't count. That's not always true anymore.
This is exactly why having an HR partner matters. The rules keep changing. You need someone keeping up with it so you don't get caught off guard.
Got questions? Let's talk.