On May 28, 2026, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued an opinion letter addressing whether an employee’s time spent travelling off-site during their meal period is compensable under the Fair Labor Standards Act (FLSA). Here, the WHD said “no”—an employee is not entitled to compensation for time spent voluntarily travelling off-site for meals.
Below, KingSpry’s Employment Law Chair, Avery E. Smith, Esq., reviews the WHD’s recent guidance and explains the practical impact on employers covered under the FLSA.
The Employment Scenario
In this case, the employee works at a secured facility, which requires them to check in and out of work areas. The employee may take an unpaid, thirty minute lunch break, but the time it takes them to get through security and walk to their car leaves them with only ten to fifteen minutes left in their meal period. The employee argues that this discourages employees from taking their lunch breaks off-site.
The key question: Is the time it takes an employee to voluntarily travel off-site for a lunch break compensable under the FLSA?
Relevant Law
Generally, the FLSA does not require employers to provide meal breaks. If breaks are provided, however, that time could be compensable. Under the FLSA, “bona fide meal periods are not worktime,” provided (1) the employee is completely relieved from their duties; (2) the employee is allowed to take their meal uninterrupted by the employer; and (3) the employee is provided sufficient time to eat their meal. Practically, if an employer permits employees to work during their lunchtime, then employees are not completely relieved of their duties, and that time is compensable under the FLSA.
The WHD clarified that employees need not be permitted to leave the premises to receive a bona fide meal period. Accordingly, a policy requiring employees to remain on premises does not automatically convert their lunch breaks to compensable working time.
Application
In this case, the WHD concluded that the employee is provided a bona fide meal period consistent with the regulations, because they are relieved from their duties during the thirty-minute period, and thirty minutes is enough time to eat a meal.
Despite the specific characteristics of the workplace, i.e., the distance to the parking lot and security checkpoints, the WHD recognized that the employee has the option to remain on the employer’s premises. Moreover, “the fact that an off-site meal may be difficult to undertake in the time provided does not affect whether [an employee] receive[s] a bona fide meal period.”
Accordingly, employers are generally not required to compensate employees for their voluntarily time spent acquiring lunch off-site.
Key Takeaways for Employers
While the opinion letter offers useful guidance to covered employers, the FLSA may not be the only regulation governing employees’ lunch breaks. For example, lunch breaks provided for under an employer policy or collective bargaining agreement may say otherwise.
A common mistake is permitting non-exempt employees to perform work during their lunch break. This causes the break to become compensable under the FLSA, as the employee is no longer relieved of their job duties.
In light of the WHD’s guidance, employers are encouraged to:
- Review whether their employees are regularly eating at their desks and carrying out work duties during their lunch;
- Require employees to report interrupted or missed meal breaks and ensure they are paid for compensable work;
- Inform supervisors to refrain from contacting employees during unpaid meal periods—unless it’s absolutely necessary;
- Adopt a clear lunch break policy, providing that employees must be fully relieved of their duties during unpaid meal breaks;
- Document compliance efforts; and
- Correct issues as soon as possible.
