The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued an opinion letter providing an important clarification on unpaid meal break compliance under the Fair Labor Standards Act (FLSA). The guidance addresses whether time spent walking to parking areas or navigating security during a meal period renders that time compensable.  

In its opinion letter, the WHD concluded that a 30-minute meal period remains a bona fide, non-compensable break even where employees voluntarily spend part of that time leaving the worksite. The key factor is whether employees are fully relieved of duties and free to use the time for their own purposes.  

The DOL further emphasized that employers are not required to extend meal periods or compensate employees for voluntary off-site travel time, even if those choices reduce the time available to eat.  

What Does It Mean? 

This opinion letter reinforces several core FLSA principles while providing practical clarity for employers; particularly those operating large or secured worksites: 

• “Relieved of duty” remains the controlling standard. For those subject to the FLSA, meal periods are non-compensable so long as employees are completely free from work duties. 

• Off-site travel during breaks does not convert time to paid work. Walking to parking or passing through security (when voluntary) does not automatically make the time compensable.  

• Operational limitations are permissible. Employers may impose reasonable restrictions, including requiring employees to remain onsite, without triggering compensability, provided employees are not working.  

• Facts still matter. If employees perform any duties during the break, even intermittently, the entire period may become compensable.  

It is important for California employers to note that state law imposes stricter meal period requirements than federal law, including timing, duty-free obligations, and premium pay for noncompliant breaks. Compliance with the FLSA alone does not ensure compliance under California law, and employers must evaluate meal period practices under both standards. 

To align with the DOL’s guidance and reduce risk: 

1. Review meal period policies. Confirm policies clearly require duty-free meal periods and communicate that employees may use the time for their own purposes. 

1. Audit actual practices. Ensure employees are not performing work (e.g., monitoring equipment or responding to communications) during meal breaks. 

1. Assess restrictions and logistics. Confirm that any access limitations (e.g., large facilities, security protocols) do not interfere with employees’ ability to take a meaningful meal period. 

1. Train supervisors. Reinforce that allowing or expecting work during meal periods can convert the entire break into compensable time. 

1. Evaluate state law overlay. Remember that for California employers, meal breaks are mandatory for employees working more than five hours. This means that the first meal break must begin before the end of the fifth hour, and a second meal break is required for shifts over ten hours. 

This latest opinion letter underscores that meal periods under the FLSA remain unpaid when employees are truly relieved of duty, even if workplace logistics make off-site breaks less convenient. Employers subject to the FLSA should focus on ensuring breaks are genuinely duty-free while accounting for stricter state law requirements where applicable.