Takeaways

• One DOL opinion letter explained that a 60-minute meal break remains noncompensable even when employees must spend up to 14 minutes walking to and from a break area.
• Another letter said nonprofit employees may volunteer for their employer if the volunteer activities are not the “same type of services” they are employed to perform.
• A third letter clarified that supervisors who meet the “executive” duties test cannot keep other employees’ tips but may retain tips received directly from customers for service the supervisor “directly and solely” provided.

Related links

• FLSA2026-11
• FLSA2026-12
• FLSA2026-13
• WHD Opinion Letters page

Article

The Department of Labor’s Wage and Hour Division (WHD) issued three new opinion letters on Sept. 7, 2026, addressing various Fair Labor Standards Act (FLSA) issues: meal breaks, including time spent traveling to and from meal breaks, employee volunteering at nonprofits, and supervisor participation in tip pools.

Travel Time Does Not Defeat Bona Fide Meal Period

FLSA2026-11 responded to an opinion letter request from a security therapy aide at a detention facility. The facility’s employees receive a 60-minute unpaid lunch break. Employees may not bring food beyond the entry building or eat at their work area. Therefore, they must walk three to seven minutes each way to a designated break area, leaving between 46 and 54 minutes to eat. The employee asked whether the full 60 minutes must be spent in the break area to constitute a...

Read Full Story: https://news.google.com/rss/articles/CBMitgFBVV95cUxPZXlpOVhEZ1lqbnBFSVc2dXJo...