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The U.S. Department of Labor (“DOL”) announced three new opinions on Labor Day to help promote clarity, consistency and transparency in the application of federal labor standards under the Fair Labor Standards Act (”FLSA”). The first addressed the effect of time spent by employees walking to an area designated by the employer to eat during their meal periods.

In FLSA 2026–11 (Sept 7, 2026), the DOL addressed the question of whether an uncompensated 60-minute lunch break, during which employees spent 6 to 14 minutes walking to and from the employer’s designated break area, constituted a “bona fide meal period.” Based on the facts provided by the employee requesting the opinion, the DOL concluded that time set aside for the meal period was sufficient. It allowed the employee to use the meal period for its intended purpose. In addition, it was an uninterrupted period during which the employee was “relieved from duty” for the purpose of eating or engaging in personal activities. Accordingly, it qualified as a “bona fide meal period” under the FLSA.

1. Background

The employee who sought the opinion worked as a security therapy aide at a detention facility. Employees at the facility were prohibited from bringing food beyond the entry building. Under the employee’s collective bargaining agreement, he was entitled to a 60-minute, unpaid meal period each workday. The employer’s policy prohibited employees from eating at their work area; rather, employees had to walk 3 to 7 minutes to a designated break area to eat their lunch. Employees then spent an equal amount of time returning to the work area. This was a total of 6 to 14 minutes of walking time, resulting in 46 to 54 minutes in the designated break area.

2. General Legal Principles

The FLSA generally requires covered employers to pay nonexempt employees at least the minimum wage for all hours worked. The wages an employee is entitled to receive thus cannot be determined without knowing the number of hours worked. The DOL explained that the FLSA generally does not require employers to provide employees rest or meal periods. However, if employers provide meal periods, the DOL looks to the duration of the meal period to determine if it is bona fide and compensable. Typically, 30 minutes or more is enough for a bona fide meal period. 29 C.F.R. §785.19; WHD Op. Ltr. FLSA2026-7. (A 20-minute meal break was found sufficient under the FLSA where the employer and employees agreed to it and special conditions showed it to be sufficient. WHD Op. Ltr. FLSA2004-22 (Nov. 22, 2004).

Based on the facts, the DOL concluded that the employer provided a bona fide meal period that was not compensable under the FLSA and 29 C.F.R. §785.19. This conclusion was supported because the employee was relieved from work duties during the meal break and the period was long enough for the employee to use it to eat a meal. This was the case “even after accounting for the travel time required by the employer.”

The DOL also rejected the employee’s contention that the “travel time to and from the break area should be compensable because ‘employees are not fully relieved of their duties for the purpose of eating a meal until they can access their food in the designated break area.’” The DOL recognized that most courts reject such a contention, which is called the "complete relief from duty" standard, and instead evaluate the compensability of meal periods under the "predominant benefit test" that favored the employer based on the facts. “When employees need just a few minutes of travel time to access a break room or other location where they can eat their meal, that time is generally not compensable.” Citing WHD Op. Ltr. FLSA2026-7 at 2, the DOL reiterated that the FLSA “does not require absolute freedom” from every limitation or condition to constitute a bona fide meal period.” In fact, even a 20-minute meal period was bona fide under the FLSA where it only took one to one and one-half minutes to access the break room. WHD Op. Ltr. FLSA2004-22.

3. Conclusion

The new DOL opinion is aligned with other FLSA authorities. Employers are nevertheless advised to consider the requirements of California law when drafting and administering their policies for California employees. The California and federal rules are examined in detail in the Wage and Hour Manual for California Employers by Attorney Richard J. Simmons of Sheppard. The book is available from Castle Publications, LLC.

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About The Author

Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.

Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.