Walking to Lunch: Does It Count as Work Time?
If employees must walk somewhere to eat, does that walk turn an unpaid lunch into paid time? According to a new U.S. Department of Labor's Wage and Hour Division (WHD) opinion letter (FLSA2026-11), usually not, as long as employees still have enough real time to eat and relax.
A Closer Look at the Scenario
Employees at a detention facility couldn't keep food in their work areas, so they walked 3 to 7 minutes each way to a designated break area. That left them about 46 to 54 minutes of their 60-minute unpaid lunch. One employee argued the walking time should be paid.
The Department disagreed. Because employees were fully off duty and still had plenty of uninterrupted time, the full 60 minutes remained a legitimate unpaid meal break under the Fair Labor Standards Act (FLSA)
The Key Question: Who Benefits from the Break?
Federal law doesn't require meal breaks at all. When employers offer unpaid breaks, the test is whether the time mainly benefits the employee. Minor rules or restrictions don't make a break paid, as long as employees are relieved of duty and have enough time to eat a normal meal.
What's Still Unclear?
The Department didn't say exactly where the line is. If a 30-minute break leaves only 26 minutes after travel, is that enough? The letter doesn't say. While 30 minutes or more is generally considered sufficient, it isn't a hard rule. The Department will look at the full picture, including whether employees can eat a regular meal after travel and whether both sides agreed to a shorter break.
Union Contracts and State Law Still Matter
The opinion covers federal wage law only. If a union contract promises a full 60-minute lunch, whether travel cuts into that promise is a separate question under the contract. State meal-break laws may also add their own requirements.
The Bottom Line
Requiring employees to walk to a cafeteria, break room or designated eating area generally won't make lunch breaks paid time under federal law, provided employees are fully off duty and still have enough uninterrupted time to eat.
Have Questions About Your Meal Break Policies?
Understanding wage and hour requirements can be tricky, especially when federal and state laws differ. Triumph HR can help you review your meal break policies, navigate compliance considerations, and ensure your practices align with your organization's needs.
-Sheila Crawford
Director of HR Consulting