Opinion letter · United States · Wage and Hour Division

Wage and Hour Division opinion letter says off-site travel during an unpaid 30-minute meal break does not have to be paid

As of our last check on November 2, 2026, this is agency guidance, not a rule. It explains how the agency reads the law and does not create a legal requirement on its own.

Added to AmendSignal November 3, 2026

In short

What changed: The Department of Labor's Wage and Hour Division (WHD) issued an opinion letter under the Fair Labor Standards Act (FLSA). It says an employer does not have to pay for, or extend a meal break to cover, time an employee chooses to spend traveling off-site during a 30-minute meal period they could take on site.
Who's affected: Employers covered by the FLSA that give non-exempt employees unpaid meal periods, especially at large or secured sites where leaving takes time. The letter answers one requester's facts.
What to do: This letter creates no new duties for employers. Consider confirming that your unpaid meal periods are long enough, fully relieve employees from duty, and also meet any stricter state or local rules.

What changed

From the sourceOpening paragraph

the meal period your employer provides is bona fide pursuant to 29 C.F.R. § 785.19.
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Also: Opinion

your work duties during the 30-minute meal break, and the period is sufficient to allow you to use
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

WHD concludes that the requester's employer provides a bona fide meal period under WHD's meal period regulation in the Code of Federal Regulations (CFR), 29 CFR 785.19, because the employee is relieved from duty for the 30-minute break and it is long enough to eat a meal.
From the sourceOpinion

an employer is not obligated to exclude from a bona fide meal period ... consider as compensable, time voluntarily spent to travel off-site to acquire or eat a meal
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Also: Opinion

otherwise extend the 30-minute meal period to accommodate time an employee may spend leaving
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

WHD says an employer is not obligated to count as paid time, or to extend the meal period for, time an employee voluntarily spends traveling off-site to get or eat a meal.
From the sourceOpening paragraph

employee voluntarily forgoing this option to go off-site does not alter the analysis.
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Also: Opinion

the fact that an off-site meal may be difficult to undertake in the time provided does not ... affect whether you receive a bona fide meal period.
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

WHD says an employee choosing to go off-site instead of staying on the premises does not change the analysis, and that an off-site meal being hard to fit in the time does not affect whether the break is bona fide.
From the sourceGeneral Legal Principles

longstanding position that requiring an employee to remain on the employer’s premises does not ... convert meal break time into compensable working time.
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

WHD restates its longstanding position that requiring employees to stay on the employer's premises does not turn a meal break into paid working time.
From the sourceGeneral Legal Principles

See WHD Opinion Letter FLSA2004-7NA (Aug. 6, 2004)
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

The letter does not withdraw or replace any earlier guidance. It cites an earlier opinion letter, FLSA2004-7NA, as consistent with its conclusion.

Who is affected

From the sourceBackground

You represent that you are employed at a “large, secured facility with controlled access points and
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Also: Background

30-minute meal period, during which you have the option to leave the premises, or remain at the
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

The letter answers a request from an employee at a large, secured facility whose employer gives an unpaid 30-minute meal period that employees may spend on site or off the premises.
Our analysisGeneral Legal Principles

The FLSA generally requires covered employers to pay all non-exempt employees at least the ... federal minimum wage for all hours worked.
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Also: General Legal Principles

Typically, “30 minutes or more is long ... enough for a bona fide meal period.”
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

The reasoning is most relevant to FLSA-covered employers that give non-exempt employees unpaid meal periods of 30 minutes or more, especially at sites with long walks to parking or security checkpoints.
From the sourceClosing note

This opinion is based exclusively on the facts and circumstances described in your request
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Also: Closing note

The existence of any other factual or historical background not contained
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

The opinion rests only on the requester's facts, and WHD says other facts might lead to a different conclusion.

What it means in practice

Our analysisOpinion

otherwise extend the 30-minute meal period to accommodate time an employee may spend leaving
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Employers that meet the letter's conditions do not need to lengthen meal breaks or pay for walking and security time that employees choose to spend leaving the site.
Our analysisOpinion

Determining whether a meal break is bona fide also requires consideration of whether “work” was
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Also: Opinion

There is no indication in your request that
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

The conclusion depends on employees actually being free from work during the break. A meal period in which employees are required to work would need a different analysis.
From the sourceOpinion

This interpretation may be relied upon ... in accordance with section 10 of the Portal-to-Portal Act
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

The letter is an official interpretation that may be relied on under section 10 of the Portal-to-Portal Act, even if it is later modified, rescinded or held invalid.
From the sourceFootnote 4

It is also important to remember that applicable state and local wage and hour laws may have rules and ... requirements that are more stringent than the FLSA’s requirements.
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

WHD notes that state and local wage and hour laws may be stricter than the FLSA, so this federal view may not settle meal break pay under state or local law.
From the sourceGeneral Legal Principles

fact-intensive analysis that must be applied on a case-by-case basis.
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

WHD says whether a meal break is paid time is a fact-intensive, case-by-case question.

What to do

AmendSignal analysis sorts these by whether this document changes them.

Already required

From the sourceGeneral Legal Principles

The FLSA generally requires covered employers to pay all non-exempt employees at least the ... federal minimum wage for all hours worked.
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

The letter restates the existing FLSA requirement that covered employers pay non-exempt employees at least the federal minimum wage for all hours worked. Bona fide meal periods are not hours worked.
From the sourceGeneral Legal Principles

payment “at a rate not less than one and one-half times the regular rate at which [the employee] is ... to all non-exempt employees for all hours worked in excess of 40 hours in a workweek.
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

The letter restates the existing FLSA requirement to pay non-exempt employees overtime at one and one-half times the regular rate for hours worked over 40 in a workweek.

Worth considering

Our suggestionGeneral Legal Principles

Typically, “30 minutes or more is long ... enough for a bona fide meal period.”
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Also: General Legal Principles

“It is not necessary that an employee be permitted to ... leave the premises” if the employee is “freed from duties during the meal period.”
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Consider confirming that unpaid meal periods are at least 30 minutes and that employees are fully relieved from duty during them, whether they stay on site or leave.
Our suggestionOpinion

Determining whether a meal break is bona fide also requires consideration of whether “work” was
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Consider reminding supervisors not to assign work during unpaid meal breaks, and recording any interrupted breaks in timekeeping.
Our suggestionFootnote 4

It is also important to remember that applicable state and local wage and hour laws may have rules and ... requirements that are more stringent than the FLSA’s requirements.
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Consider checking state and local meal break rules before relying on this letter, since they may be stricter than the FLSA.
Our suggestionClosing note

This opinion is based exclusively on the facts and circumstances described in your request
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Also: Opinion

This interpretation may be relied upon ... in accordance with section 10 of the Portal-to-Portal Act
Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab)

Consider comparing your own meal break facts with the requester's before relying on the letter, and keeping a copy with your pay policy records.

Open questions

The source leaves these open. We'll update this record if a later document answers them.

Would WHD reach the same conclusion for an unpaid meal period shorter than 30 minutes?

The letter says 30 minutes or more is typically long enough and analyzes only a 30-minute break.
Does the conclusion hold if employees have no practical way to eat on site, such as no food or eating area available?

The letter relies on the requester's employer allowing employees to stay on site and use the break there, and says other facts might change the result.

Related changes

History

Latest · May 28, 2026 · Issued

FLSA2026-7: Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. Source (opens in a new tab)

Sources

Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises. (opens in a new tab) Wage and Hour Division, primary source