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… Read the complete article here...
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