On May 28, 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter concluding that a 30-minute unpaid meal period is still a bona fide, non-compensable break under the Fair Labor Standards Act (FLSA), even if employees voluntarily spend part of the period walking to parking and passing through security. According to the letter, employers are not required to extend a meal period to accommodate off-site travel time voluntarily undertaken during such break where no work is performed. WHD concluded the meal period remained bona fide because employees were relieved of all duties and free to use the time for eating or other personal activities, including voluntarily leaving the premises.
Background
An employee at a large, secured facility with parking a significant distance from work areas and controlled access points expressed concern that the travel time required to leave the worksite discouraged employees from taking off-site meal breaks. The employer provided an unpaid 30-minute meal period; employees could remain on premises (with no walking or access delays) or elect to leave. Walking to the parking lot took approximately five to 10 minutes each way, plus additional security time, leaving some employees 10–15 minutes for an off-site meal. The employee asked the WHD whether the employer must compensate employees for time traversing the premises and/or extend the 30-minute period.
WHD’s Guidance
- Bona fide meal periods are not worktime if...
Read Full Story:
https://news.google.com/rss/articles/CBMimwFBVV95cUxQZ25NbVUwNVR0dlFScUJUbDRz...