Should Employers Cover Worker Commutes?

 With the return-to-office trend surging, private enterprises look to government directives for cues. President Joe Biden’s push for federal agency returns spurs discussions on practical implications. The pandemic reshaped work dynamics, notably in wage and hour laws, per David Barron of Cozen O’Connor. The Office of Personnel Management’s August guidance addressed compensating federal workers for commute time, differentiating between remote workers and teleworkers based on the start of work. However, questions emerge regarding compensation for hybrid workers during commutes. Barron, emphasizing private sector applicability, stresses the pivotal factor: whether work initiates before commuting.

He elaborates on the grey areas, citing scenarios where an employee commences work at home before driving to the office, potentially rendering travel time compensable due to midday work. This complexity grows when the employee’s work location varies between home and the office.

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