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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 the employee is relieved from duty for the purpose of eating regular meals; typically, 30 minutes or more is sufficient, and employees need not be permitted to leave the premises if freed from duties during the meal period. The central question is whether the period is predominantly for the employee’s benefit and free of work duties.
- WHD reiterated that requiring employees to remain on premises or imposing minimal restrictions does not transform a meal period into compensable worktime so long as employees are relieved of duties and have a meaningful opportunity to eat uninterrupted.
- The FLSA does not require employers to allow employees to leave the premises during a bona fide meal period, and the difficulty of taking an off-site meal within 30 minutes does not affect the break’s status as bona fide.
Considerations for Employers and HR Departments
The WHD’s guidance confirms that a 30-minute meal period generally may be unpaid under the FLSA if employees are relieved of duty with minimal restrictions, even at large or secured worksites where employees who choose to leave the premises spend part of the break walking to parking or clearing security. WHD’s guidance reinforces that the focus remains on whether employees are relieved of duty—not on whether they can maximize every minute of the meal period for off-site activities.
That said, the analysis is fact-specific and may change if restrictions imposed on employees are sufficient to render the time predominantly for the employer’s benefit (e.g., they perform work, respond to frequent calls/messages, or breaks are routinely interrupted).
Employers may wish to ensure meal-period policies and practices clearly provide for uninterrupted, duty-free meal breaks, maintain timekeeping mechanisms for employees to report and be paid for any work performed during a meal period, train managers not to interfere with breaks, and periodically audit practices to confirm compliance. Employers should also consider evaluating whether state or local law imposes more protective meal-period requirements (including timing, duration, duty-free standards, or penalties).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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