South Dakota Overtime Laws

No matter if you are a cattle rancher or a tourism employee in South Dakota, you might be owed overtime pay from your employer. However, South Dakota does not have its own state law overtime provisions. As a result, the overtime law provisions of the Fair Labor Standards Act (FLSA) are followed in the state, which entitles employees to be paid 1.5 times their normal hourly rate for all time worked over 40 hours in a single week.

South Dakota Overtime Law Overview

Key parts of South Dakota overtime law are summarized in the foregoing table.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

  • The following classes of employees are not entitled to overtime pay in South Dakota (partial list):
    • Executive employees
    • Administrative employees
    • Professional employees
    • Computer employees such as software engineers and computer systems analysts
    • Some computer-related employees
    • Outside salespeople

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Meals and Breaks

There are no specific South Dakota laws requiring an employer to provide breaks or meal times to employees, thus the relevant federal rules under the FLSA apply, which also does not require employers to provide meal (lunch) periods or breaks. However, if an employer chooses to provide meal periods or breaks, the types of breaks lasting less than 20 minutes must be paid. However, meal or lunch periods of usually 30 minutes or more do not need to be paid, so long as the employee is free to do whatever they want during that period of time.

South Dakota Overtime Exemptions

Types of employees that are exempt from South Dakota overtime laws include:

  • Executive employees
  • Administrative employees
  • Professional employees
  • Computer employees such as software engineers and computer systems analysts
  • Some computer-related employees
  • Outside salespeople
  • Babysitters
  • Employees working for amusement or recreational establishments, organized camp or religious or nonprofit educational centers

Research the Law

Obtain a Free Case Review of Your Potential Overtime Wages Claim

If you live in South Dakota and after reading the above you feel that you are entitled to overtime pay, you can contact a local South Dakota attorney for a free case review at no obligation today.

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