South Dakota state law does not address the issue of overtime pay; for that reason, only federal law applies in the state. State law nonetheless does indicate that a workday in any manufacturing or mechanical occupation shall consists of eight hours unless there is an express agreement to the contrary.

South Dakota’s minimum wage is $11.50 per hour, higher than the federal minimum wage of $7.25 per hour. The minimum wage for tipped workers is $5.75. Employers can take a “tip credit” of up to 50% of the state minimum wage, meaning they must pay tipped employees at least the minimum wage when tips are included. See the South Dakota website for more  information.

Like federal law, South Dakota law does not require employers to provide meals or rest breaks.

If your employer owes you wages, you can file a claim with the South Dakota Department of Labor and Regulation. The address is listed below. If the Department finds that your claim is valid, it can sue your employer in court on your behalf. If your employer was oppressive, fraudulent, or malicious in her/his refusal to pay you the wages you were owed, you may be entitled to twice what you are owed.