|
On September 7, 2026, the US Department of Labor issued an Opinion Letter addressing the compensability of employee meal periods that include travel time to and from a designated break area. In the Opinion Letter, the DOL affirmed that employer-required travel during a meal break does not, by itself, transform an unpaid meal break into compensable work time.
Key Takeaways
- This Opinion Letter provides useful guidance for employers that require employees to take meal breaks in dedicated locations.
- While the FLSA does not require employers to provide meal breaks, an employer may treat a meal period as unpaid if employees are relieved of their work duties during that time.
- Because a meal period of 30 minutes or more is generally sufficient to qualify as a bona fide meal break at the federal level, the key question is whether employees receive the predominant benefit of the break, rather than whether they are completely free of all employer-imposed restrictions during their allotted break time.
- If the employee retains sufficient time to eat and attend to personal matters, the meal period can still qualify as a bona fide, unpaid meal break under the FLSA.
- Additional considerations may apply in some states.
Steps Employers Should Take
- Review meal break locations and consider if travel to/from a specific area is required
- If travel is required, ensure employees comfortably receive at least 30 minutes of full break benefits
| 
