The Motor Carrier Act Exemption
The MCA exemption applies to employees of motor carriers (trucking companies regulated by the DOT) who are engaged in activities affecting the safety of operation of motor vehicles in interstate commerce. This includes: drivers, driver’s helpers, loaders who load vehicles, mechanics who repair vehicles. These employees don’t receive FLSA overtime — they can work 70+ hours per week without overtime pay under federal law.
Who Is Covered by MCA Exemption
MCA exemption applicability for transportation workers
| Worker Type | MCA Exempt? | Notes |
|---|---|---|
| Long-haul OTR driver (interstate) | Yes | Clearly covered under MCA exemption |
| Local delivery driver (crossing state lines) | Yes | Interstate commerce includes intrastate trips in the stream of interstate commerce |
| Local delivery (purely intrastate) | Depends | Complex — if part of interstate movement, likely covered |
| Driver of vehicle under 10,001 lbs GVW | No — FLSA applies | Small Vehicle Exception — gets FLSA overtime |
| Office/administrative staff at trucking company | No | Not safety-affecting employees |
| Dispatcher | No | Not directly affecting safety of vehicle operation |
Since 2008: truck drivers who drive vehicles with a gross vehicle weight of 10,000 lbs or less are NOT covered by the MCA exemption — they ARE entitled to FLSA overtime. Many small package delivery drivers (USPS, FedEx Ground contractors in small trucks) may qualify for FLSA overtime under this exception. The vehicle weight at the time of driving, not the vehicle’s maximum capacity, is determinative.
State Overtime Protections for Truck Drivers
Some states provide overtime protections for transportation workers that the MCA exemption doesn’t preempt. California is the most notable: California’s state overtime laws apply to many transportation workers even if the federal MCA exemption applies. California truck drivers often have stronger overtime protections than their interstate counterparts under federal law.
Calculate Overtime for Transportation Workers Not Covered by MCA
If you’re exempt from the MCA (small vehicle exception or purely local), calculate your FLSA overtime here.