• Review the employee’s time records during the most recent week of regular employment. If the records reveal typical work hours, the employer may consider those as the normal hours going forward.
• Review the employee’s time records during the most recent month of regular employment. If the records reveal typical work hours, the employer may consider those as the normal hours going forward, unless some subsequent material change in circumstances indicates the normal hours have changed.
• If the review of 1 month’s records do not reveal any normal working hours, the employer may, instead, choose the average start and end times for the employee’s workdays.
• Alternatively, when there are truly no normal work hours, and the DOL warns this situation is rare, the employer and employee may negotiate and agree to a reasonable amount of time or time frame in which travel outside of employees’ home communities is compensable.