Opinion letter · United States · Wage and Hour Division

Wage and Hour Division says a 60-minute unpaid lunch break stays unpaid even with up to 14 minutes of required walking

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

In short

What changed
The Wage and Hour Division (WHD) issued Fair Labor Standards Act (FLSA) opinion letter FLSA2026-11. It concludes that a 60-minute unpaid meal period stays unpaid when employees must walk 6 to 14 minutes to and from a designated break area, because they are relieved from duty and still have 46 to 54 minutes to eat.
Who's affected
The letter answers one employee's question about a detention facility's meal period. Its reasoning is relevant to employers covered by the FLSA that require non-exempt employees to travel to a set location for unpaid meal breaks.
What to do
This letter creates no new duties for employers. If you require employees to walk to a set area for unpaid meal breaks, consider checking that they are relieved of duty and still have enough time to eat after the travel.

What changed

Who is affected

What it means in practice

What to do

AmendSignal analysis sorts these by whether this document changes them.

Already required

Worth considering

Open questions

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

  • How much required travel time would make a shorter meal period, such as 30 minutes, paid time?

    The letter says travel length is not itself determinative and notes the court in the case it discusses did not decide whether 18 remaining minutes was enough.

  • When required travel does make a meal period paid, is the travel time itself paid time?

    The letter notes a court left that question open for the lower court to consider and does not answer it.

  • Does the WHD's conclusion hold for employers whose cases go to the Ninth or Eleventh Circuit courts of appeals?

    The letter notes those courts apply a stricter completely relieved from duty test that the WHD rejects.

  • Can an employer whose facts differ from the requester's rely on this letter under the Portal-to-Portal Act?

    The letter says it may be relied on under section 10 of that Act but is based exclusively on the facts the requester described.

Related changes

History

  1. Latest · · Issued

    FLSA2026-11: Whether an uncompensated 60-minute lunch break, during which employees spend 6 to 14 minutes walking to and from the employer designated break area, constitutes a bona fide meal period. Source (opens in a new tab)

Sources