DOL Opinion Letter Confirms Voluntary Off-Site Travel Does Not Make Meal Periods Compensable
On May 28, 2026, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2026-7 , confirming that an employee’s choice to leave the worksite during an otherwise bona fide meal period does not convert the meal period into compensable work time under the Fair Labor Standards Act (FLSA), even if it reduces the employee’s available time to eat. The opinion letter involved an employee who worked at a large facility with controlled access points and parking located a significant distance from work areas. The employer provided a 30-minute unpaid meal period and allowed employees to either remain on site or leave the premises. Employees who chose to leave the facility reportedly spent so much time walking to parking areas and going through security that they only had about 10 to 15 minutes to eat a meal. The employee, who believed the meal break under these circumstances created a “coercive dynamic” discouraging employees from taking meal breaks off site, questioned whether these constrai...