South Dakota Wage and Hour Laws

Wage and hour laws dictate many aspects of employer – employee relations by setting various minimum standards. For example, many states have wage and hour laws that set a minimum wage and overtime pay requirements. This article outlines some of South Dakota's main wage and hour laws.

Code Section

South Dakota Code chapter 11: Wage, Hours, and Conditions of Employment
Effective Date

The wage laws below are effective as of January 1st, 2018.

What's Required?

Employers in South Dakota must pay non-tipped employees at least $8.85 per hour.
Youth Minimum Wage

Non-tipped employees who are less than 18 years old must be paid at least $7.50 per hour.

Tipped Employees

 

Tipped employees may be paid a minimum wage of $4.43 per hour so long as the employee makes enough in tips to bring the total up to the minimum wage. The employer must make sure that their employees receive no less than the minimum wage and must keep a record of all tips received by employees.

Agreements to Work for Less are Ineffective

 

Employees can not agree to work for less than the minimum wage. An employee who is paid less than the minimum wage is entitled to recover the full amount that they are entitled to measured by the minimum wage, even if the employee agreement to work for less.

Exemptions

 

  • Employees at seasonal amusement or recreation establishments, babysitters, and outside salespersons
  • Employees being paid a training wage, and
  • Apprentices and people with a developmental disability

Overtime Pay

South Dakota does not have a state law regulating overtime pay. Therefore, overtime pay requirements are determined under the federal Fair Labor Standards Act (FLSA). Under the FLSA, non-exempt employees must be paid overtime pay for all time worked in excess of 40 hours in a workweek. The employee's overtime pay rate must be at least one and a half times the employee's regular pay rate.

Report Wage and Hour Law Violations

If your employer owes you wages, you can file a claim with the South Dakota Department of Labor and Regulations. All claims should include the facts surrounding your claim, the amount that you are owed, and the name and address of your employer. The Department has the power to sue your employer on your behalf. The Department can be reached at (605) 773-3681.

Additional Resources

State laws change frequently. For case specific information about South Dakota's wage and hour laws contact a local employment law attorney.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.