The Department of Labor (DOL) has issued a new opinion letter addressing when walking time during a meal period affects compensability under the Fair Labor Standards Act (FLSA).
The issue: Whether a 60-minute unpaid lunch, with six to 14 minutes spent walking to and from the employer’s designated break area, constitutes a bona fide meal period.
Opinion Letter Addresses Required Travel
In Opinion Letter FLSA2026-11, the DOL’s Wage and Hour Division (WHD) considered security therapy aides who spent three to seven minutes walking to and from a designated break area where they ate. The travel left employees with 46 to 54 minutes in the break area during their hour-long unpaid meal period.
WHD concluded that, on these facts, the entire meal period could remain unpaid under the FLSA. Employees were relieved of duty and had ample uninterrupted time to eat and engage in personal activities. WHD emphasized that travel time alone is not determinative; the question is whether the required travel leaves sufficient time for a bona fide meal period.
Takeaways: Required travel to and from a break area doesn’t automatically make an unpaid meal period compensable. To treat the period as unpaid, employers must ensure employees are relieved of all duties and have at least 30 minutes to eat – the amount of time considered sufficient for a bona fide meal period.
More info: Opinion Letter FLSA2026-11