DOL opinion letter: walk time to a break area does not necessarily make an unpaid meal period compensable
Key points
- WHD issued Opinion Letter FLSA2026-11
- Mandatory walk time does not make an unpaid meal period compensable if enough time remains to eat
- WHD reaffirmed that most federal circuit courts apply the "primarily for the benefit of the employer" standard
In early September, the US Department of Labor's Wage and Hour Division (WHD) issued Opinion Letter FLSA2026-11. WHD concluded that mandatory walk time to a designated break area does not turn an unpaid meal period into compensable time, as long as enough time remains to eat a regular meal. In the case, employees walked 3 to 7 minutes each way, and a 60-minute lunch left roughly 46 to 54 minutes, which WHD found still a bona fide meal period. WHD also reaffirmed that most federal circuit courts apply the "primarily for the benefit of the employer" standard.
What employers should do
- Review lunch-break setups; if walking to a designated area is required, assess whether enough meal time remains
- Confirm with payroll that unpaid meal periods are recorded correctly
Policy details
- Jurisdiction
- Federal
- Status
- Final rule
- Effective date
- —
- Employers covered
- Employers subject to the FLSA
- Official source
- View official source ↗
Original report: View source ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.