DOL Issues Three FLSA Opinion Letters on Meal Breaks, Volunteers, and Tip Pools

HR Dive · United States · Sep 9, 2026

The U.S. Department of Labor's Wage and Hour Division released three FLSA opinion letters clarifying that an unpaid 6–14 minute walk to a break area does not necessarily violate wage-and-hour law, provided the overall meal period meets bona fide requirements. Additional letters addressed the conditions under which nonprofit employees may volunteer for the same employer and confirmed that restaurant supervisors are prohibited from participating in tip pools — even when they perform tipped work alongside other employees. Staffing agencies placing workers in food service, hospitality, and nonprofit sectors should review these interpretations for compliance alignment.