Overtime, Breaks, and Pay: What the Fair Labor Standards Act Means for Manufacturing Workers

If you work in manufacturing, you’re likely covered by the Fair Labor Standards Act (FLSA). This federal law protects most employees, regardless of their specific roles. Whether you operate machinery, assemble products, package goods, or maintain the workspace, the FLSA is designed to ensure you’re paid fairly for your time and labor.

Who’s Covered Under the FLSA in Manufacturing?

Most manufacturing workers are covered by the FLSA—but if you’re unsure, here’s how to tell:

Enterprise Coverage

Everyone is covered if your company earns $500,000 or more annually and has a connection to interstate commerce, such as using goods or materials that were manufactured in a different state or country (even if purchased in-state), or ordering products from another state or country, and at least two employees engaged in interstate commerce.

Individual Coverage

Even if the business doesn’t meet the revenue threshold, you may still qualify if your job involves interstate activity, such as regularly:

• Shipping, receiving, or moving goods across state lines
• Preparing documents tied to out-of-state shipments
• Handling emails or phone calls involving out-of-state orders
• Supporting those activities through maintenance, janitorial work, or logistics

If your job connects to goods or services that cross state lines, the FLSA will likely protect you.

What Employers Are Required to Do

If you're covered under the FLSA, your employer must:

• Pay at least the federal minimum wage.
• Pay overtime at 1.5x your regular rate for any hours worked over 40 in a week. If state law or a prevailing wage sets a higher rate, that higher standard applies.
• Ensure you’re paid fairly, whether you’re paid hourly, by the piece, per shift, or based on production.

No matter how your pay is structured, your total earnings must still meet minimum wage requirements. Employers also cannot deduct the cost of tools, uniforms, or other supplies if doing so reduces your pay below minimum wage or cuts into your overtime.

The law allows a reduced “youth minimum wage” of $4.25/hour for workers under 20—but only for the first 90 consecutive days of employment (or until the employee turns 20, whichever is sooner). Employers may not misuse this rule by replacing existing employees with younger, lower-paid workers.

Common Violations in Manufacturing Jobs

Even with clear labor laws in place, violations still happen. Below are some of the most common issues manufacturing workers should watch for:

Unpaid Work Time

You must be paid for all time spent performing job-related duties. That includes:

• Setting up or cleaning equipment before or after your shift
• Traveling between worksites during the workday
• Waiting on-site for instructions, materials, or job assignments

If it’s work-related, it should be paid. Period.

Misclassification as Exempt

Being paid a salary or given a job title like “lead” or “supervisor” doesn’t automatically exempt you from overtime. What matters is whether both your actual job duties and your salary level meet the requirements of the law.

If your responsibilities don’t meet specific criteria under the law, you're likely entitled to overtime pay, regardless of how you're paid.

Child Labor Violations

Employees under 18 are restricted from working in hazardous environments. That includes operating dangerous machinery, working with certain chemicals, or working outside legal hours. Employers must follow strict youth employment guidelines to avoid violations.

Unauthorized Home Work

In some industries, manufacturing work performed at home requires special government approval. If your employer hasn’t obtained that certification, assigning you off-site work could be illegal.

Poor Recordkeeping

Employers must keep accurate records of your hours, wages, overtime, and any additional pay, like bonuses. Incomplete or sloppy record-keeping can result in wage violations and may be a red flag worth investigating.

Other Labor Laws That May Apply to You

In addition to the Fair Labor Standards Act (FLSA), several other federal laws protect manufacturing workers on the job:

• I-9 Employment Eligibility Verification: Employers must verify your legal right to work in the U.S. using this form. It’s required for all new hires, regardless of citizenship status.
• Wage Garnishment Protections: Federal law protects you from being fired if your wages are garnished for a single debt. It also limits the amount of your paycheck that can be taken.
• Employee Polygraph Protection Act: Most private employers are prohibited from requiring or requesting lie detector tests for hiring purposes or during workplace investigations.
• Family and Medical Leave Act (FMLA): If you’re eligible, you have the right to take up to 12 weeks of unpaid, job-protected leave for serious health issues or family care needs.

Contact Morgan & Morgan Today

Manufacturing jobs are demanding. The last thing you should have to do is fight for wages you've already earned. If your employer is violating your rights, Morgan & Morgan’s labor and employment attorneys may be able to help. Contact us today for a free, no-obligation case review.

This blog post is based on fact sheets from the U.S. Department of Labor and is for informational purposes only.