Brennan T. Barger

Commute time generally isn’t compensable under the FLSA, even when an employee does some work before or after driving. Two DOL opinion letters clarify the line: a hybrid employee’s mid-day commute isn’t paid when it primarily benefits the employee, while a field service engineer’s drive may be paid once work calls begin the workday.

The U.S. Department of Labor Wage and Hour Division recently issued two opinion letters addressing how the Fair Labor Standards Act applies to employee travel time in modern work arrangements. Together, the letters provide helpful guidance for employers managing hybrid office employees, field service employees, and other nonexempt workers who perform some duties before, during, or after commuting.

Oklahoma employers are again directing their attention to drug testing policies after another round of changes to the Oklahoma Medical Marijuana Act by the Legislature. House Bill 3127, set to take effect on November 1, 2026, is stricter on “safety-sensitive” positions while giving employers more discretion over drug testing for other employees. The new law establishes stricter rules for safety-sensitive jobs in two ways.