HR Solution Journal / Guidance
DOL: Mandatory Walk Time to Break Area Is Not Always Compensable
A new federal opinion letter clarifies when required walk time reduces a meal break's legal status.
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The Department of Labor's Wage and Hour Division issued Opinion Letter FLSA2026-11 in early September, addressing whether mandatory walk time to a designated break area converts an unpaid meal period into compensable time under the Fair Labor Standards Act. The WHD concluded it does not, provided the remaining break time is sufficient for employees to eat and attend to personal activities. In the case reviewed, a security aide's 60-minute break was reduced to 46-54 minutes by required walking, still well above the 30-minute threshold regulators consider ordinarily sufficient. HR leaders should note the opinion does not cover collective bargaining agreements or state law obligations, which may impose stricter standards.
Source: HR Daily Advisor. Original announcement: October 30, 2026.