On May 28, 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter concluding that a 30-minute unpaid meal period is still a bona fide, non-compensable break under the Fair Labor Standards Act (FLSA), even if employees voluntarily spend part of the period walking to parking and passing through security. According to the letter, employers are not required to extend a meal period to accommodate off-site travel time voluntarily undertaken during such break where no work is performed. WHD concluded the meal period remained bona fide because employees were relieved of all duties and free to use the time for eating or other personal activities, including voluntarily leaving the premises.

Click here to read the full GT Alert.

Tags: Department of Labor, flsa, GT Insight, meal periods, wage & hour
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Photo of Micala Campbell Robinson Micala Campbell Robinson

Micala Campbell Robinson focuses on employment discrimination and wrongful discharge arising under state and federal laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the New York State Human Rights Law, the

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Micala Campbell Robinson focuses on employment discrimination and wrongful discharge arising under state and federal laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the New York State Human Rights Law, the New York City Human Rights Law and the New Jersey Law Against Discrimination. She represents an array of clients, including those from the transportation and pharmaceutical industries. She has defended employers before the Equal Employment Opportunity Commission (EEOC) and state fair employment practice agencies. Micala also has experience in breach of contract and related tort actions, consulting agreements, restrictive covenants, and trade secret litigation.

In addition, Micala counsels clients on a number of employment matters, including wage and hour compliance, sexual harassment training, internal investigations, use of criminal background checks in employment decisions, and employment-based immigration.

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Photo of Wendy D. Choi Wendy D. Choi

Wendy D. Choi is a member of the Labor & Employment Practice in Greenberg Traurig’s New Jersey office. She defends employers in complex labor and employment litigation and assists with day-to-day employment matters, including reviewing employee handbooks and policies, counseling on wage and…

Wendy D. Choi is a member of the Labor & Employment Practice in Greenberg Traurig’s New Jersey office. She defends employers in complex labor and employment litigation and assists with day-to-day employment matters, including reviewing employee handbooks and policies, counseling on wage and hour compliance, and responding to administrative charges filed with the EEOC and state agencies. Wendy also handles transactional employment work.

Prior to entering private practice, Wendy interned at the U.S. Court of Appeals for the Second Circuit and in the Southern District of New York.

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