DOL: Choice to Leave Worksite During Bona Fide Meal Break Does Not Make Break Compensable

The DOL has recently confirmed (in Opinion Letter FLSA2026-7) that when an employee is given the choice to leave their worksite during a bona fide meal break, exercising that choice does not make the break time compensable for FLSA purposes. In the case at hand, the employer gave employees a 30-minute unpaid meal break. Employees could remain on site or choose to leave the site. Leaving the site meant that the employee was required to spend part of the time walking through the parking lot and going through security. The employee claimed that because they did not have the full 30-minute period for eating when they chose to leave the worksite, that time was compensable under the FLSA. The DOL disagreed. They reiterated that as long as the employee is completely relieved from their work responsibilities during the meal period, the time is not compensable. The DOL also emphasized that employers can require that employees remain on the premises during an unpaid meal break. Voluntary travel off-site that reduces the amount of time the employee has to eat does not transform the unpaid break into compensable work time. For more information on the tax treatment of employee meals, visit Tax Facts Online. Read More: Link to Q8750.