The U.S. Department of Labor’s Wage and Hour Division has issued three opinion letters addressing questions about meal periods, nonprofit volunteering, and tip pooling under the Fair Labor Standards Act (FLSA). Each letter responds to a specific workplace scenario, so employers should consider the facts behind each conclusion before applying it to their own policies.

What the DOL opinion letters say?

Meal periods and travel to a break area

In FLSA2026-11, the Wage and Hour Division considered an unpaid 60-minute meal period during which employees spent between six and 14 minutes walking to and from a designated break area. Based on the facts presented, the employees were relieved from their duties and had enough time to use the break for eating or personal activities. The Division concluded that the meal period was bona fide under the FLSA.

The letter addressed whether the break was compensable under federal law. It did not decide whether the break met the terms of the collective bargaining agreement involved in that scenario.

Nonprofit employees volunteering for their employer

In FLSA2026-12, the Division considered employees of a nonprofit that breeds and trains service dogs volunteering to care for puppies outside their normal work hours. The letter says employees may volunteer when the work is offered freely, without coercion or an expectation of pay, and is not the same or similar to the work they are employed to perform.

That distinction matters. For example, the letter explains that employees whose regular duties include training or socializing dogs may not be able to volunteer for similar work for the same organization. The conclusion depends on the employee’s actual duties and the circumstances of the volunteer arrangement.c

Supervisors and tip pools

In FLSA2026-13, the Division considered a restaurant shift supervisor who also bartended and helped other staff. It concluded that a supervisor who meets the applicable executive duties test cannot keep any portion of other employees’ tips through a tip pool or tip-out arrangement, even when doing tipped work.

A manager or supervisor may keep a tip received directly from a customer for service they directly and solely provided. The employee’s actual duties matter; a job title by itself does not settle whether the person is a manager or supervisor for this rule.

What employers should review

Employers may want to review meal-period practices, employee volunteer arrangements, and tip distribution procedures against the specific facts in these letters. The letters address particular scenarios under the FLSA; applicable state or local requirements may also affect an employer’s obligations.