Ezel / Labor Guidance / MA
Back to Massachusetts guidance

School bus drivers on non-reimbursed charter trips are owed the statutory minimum wage

Summary A school bus company asked what minimum wage applies to drivers on three kinds of charter trips: adult passengers on charters outside the school district, students on trips not approved by the school department (e.g. Girl Scout outings, Red Sox games), and free community-service trips for both school and non-school events. DLS answered that because none of these trips are performed under a pupil-transportation contract reimbursed under M.G.L. c. 71, §7A (which requires prevailing wage rates), the applicable rate in all three scenarios is the ordinary statutory minimum wage, then $6.75 per hour. Relevant to school bus companies running charter or community-service trips alongside their reimbursed pupil routes.
Document
Massachusetts opinion letter
Agency
Massachusetts Department of Labor Standards (DLS)
Document number
04-23-02
Date issued
April 23, 2002
Status
Active
Status last verified July 6, 2026
Topics
Minimum Wage Coverage
Source
View the official document

Apply this to your situation

This page explains the general guidance. Ask about your specific situation and see what current Massachusetts labor law says, with citations.

About this page: The full text below is the official document from Massachusetts Department of Labor Standards (DLS). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

Minimum Wage Opinion Letter 04-23-02 - School Bus Drivers for Chartered Trips

April 23, 2002

Your letter to Angelo Buonopane, Director of the Massachusetts Department of Labor and Workforce Development (DLWD), has been forwarded to me for a response. The Division of Occupational Safety (DOS), an agency under DLWD, is responsible for responding to inquiries concerning the applicability of the Massachusetts Minimum Fair Wage Law, M.G.L. 151, and regulations promulgated thereunder, as well as the Prevailing Wage Law, M.G.L. c. 149, §§26-27D. You have asked the following three questions on behalf of your client, ***:

  1. What is the minimum wage paid to school bus drivers carrying adults (non students) on charter trips
    outside of the jurisdiction of the local school district?
  2. What is the minimum wage paid to school bus drivers carrying students on charter trips that are not
    related to school activities nor ordered/approved by the *** School Department, i.e. Girl Scouts,
    organized trips to the Red Sox, etc.?
  3. What is the minimum wage paid to school bus drivers on charter trips where the bus company is
    providing a community service (free of charge) for both school related events and non-school related
    events.

As I understand it, none of the above-described trips are performed as part of a school bus transportation contract for which reimbursement is provided pursuant to M.G.L. c. 71, §7A for the transportation of pupils.
[1] Therefore, in all of these situations, the appropriate minimum wage would be the statutory minimum wage,
$6.75 per hour, established by the Massachusetts Minimum Fair Wage Law, M.G.L. c. 151, §1.

I hope this information has been helpful. If I can be of any further assistance, please feel free to contact me.

Sincerely,
Lisa C. Price
Legal Counsel

[1]School bus transportation contracts subject to reimbursement under M.G.L. c. 71, §7A must be awarded on the basis of prevailing wage rates as determined by the Division of Occupational Safety, under the authority of the Director of the Department of Labor and Workforce Development. M.G.L. c. 71, §7A.

= Names have been omitted

Related guidance

Minimum wage for tipped employees who also do non-tip work in the same shift Opinion Letter · November 17, 2025 Minimum wage does not apply to work assignments in rehabilitation programs Opinion Letter · March 14, 2025 Immigration status doesn't affect a worker's wage-and-hour rights Guidance · May 1, 2023 DLS adopts the federal 'primary beneficiary' test for unpaid interns Opinion Letter · April 14, 2023

What does Massachusetts require in your situation?

Ezel checks current Massachusetts labor law against your facts and answers with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace