The South Dakota Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid.
The laws are set forth by state statute and non-exempt employers must comply with these laws. There are numerous exceptions to these laws based upon the type of employment, the classification of the job, the type and manner of compensation, and the size of the employer.
There are also federal wage laws pursuant to the Federal Labor Standards Act (FLSA) that also set forth pay requirements from employers.
South Dakota Overtime Pay Laws
South Dakota has no overtime pay laws or labor laws concerning comp time. The Department of Labor and Regulation (Labor and Management Division) is responsible for enforcing laws covering wages and hours, and youth employment (child labor).
However, in the case of overtime wages, federal law may apply.
Under federal law, an employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.
Employees covered under the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half time the regular rates of pay.
The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days.
There are some exceptions under the FLSA, but generally bonus payments are required to be included as part of an employee’s regular rate of pay in computing overtime.
South Dakota Minimum Wage Laws
The minimum wage is currently set at $8.55 per hour. Some exceptions apply to the State’s minimum wage requirements, as it does not cover all employees.
Under the federal minimum wage law, there are two categories of coverage (enterprise and individual).
Enterprise coverage applies to any business with an annual gross sales volume exceeding $500,000. Also included are all schools, all public agencies and all businesses that operate a hospital or facility which cares for and houses the elderly of people with physical or mental disabilities.
Businesses not covered by the enterprise category are likely to have employees who are covered under the individual category.
If an employee is engaged in interstate commerce, production of goods for interstate commerce, handling or working on goods or materials that are moving in interstate commerce, or an occupation that is closely related or directly essential to the production of goods for interstate commerce, they are considered covered.
Covered employees can also include employees who work in communications, transportation, and more.
Click here to learn more about the South Dakota Minimum Wage Laws.
Workers who receive tips have a minimum wage of $2.13 per hour. However, the employer must make sure that the employees receive no less than the minimum wage and must keep a record of all tips received by workers.
South Dakota Minimum Wage & Hour Law Resource
An excellent resource for information is the South Dakota Department of Labor and Regulation.
Largest Cities in South Dakota Providing Jobs
The ten largest cities in the State of South Dakota provide jobs and income to both their own residents and those from outside communities. These include jobs in both public sector and private sector. The cities are listed below:
- Sioux Falls
- Rapid City
Commonly Asked South Dakota Overtime Pay Questions
You probably have questions about the overtime pay laws. Our legal team will answer all of your questions and concerns, including:
- How much is overtime pay?
- Am I entitled to overtime pay?
- Does South Dakota have mandatory overtime laws?
- What is the minimum wage and hour law?
- When is overtime owed?
- What is the overtime rate?
- How do I get my unpaid overtime pay?
Free Legal Advice For South Dakota Unpaid Overtime Pay Claims
If you were not paid the required minimum wage pay or overtime pay, you have the legal right to pursue a wage claim against the past or present employer. There are strict time deadlines so you should contact our unpaid overtime lawyers today to determine whether you are owed unpaid wages.
We will represent you on a No Win, No Fee basis so there are no legal fees or expenses unless we recover your unpaid lost wages for you.
To file a South Dakota wage law claim, you should contact our highly qualified overtime lawyers today at (855) 754-2795 for a free, no obligation Case Review.
You can also complete the Free Unpaid Overtime Case Review box on this page and an experienced attorney will contact you shortly.