Filing a Wage and Hour Claim - South Dakota

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.

Effective January 1, 2019, the minimum wage in South Dakota is $9.10 per hour, higher than the federal minimum wage of $7.25 per hour.

The minimum wage law does not cover the following employees:

  • Babysitters
  • Employees who are under 20, who may be paid a training wage
  • Apprentices
  • Mentally or physically disabled individuals, for whom the Department of Labor may prescribe a lower wage
  • Prisoners, who are entitled to “reasonable compensation”
  • Outside salespeople

An employer must pay tipped employees at least $4.55 per hour which, along with the employee’s tips, must add up to the minimum wage of $9.10 per hour.

No cities or counties in South Dakota currently have a minimum wage different from the state minimum of $9.10 per hour.

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.

South Dakota Department of Labor & Management
Division of Labor and Regulation
123 W. Missouri Ave.
Pierre, South Dakota 57501-2291
Phone: (605) 773-3681
Fax: (605) 773-4211

The Department of Labor & Management can be contacted online here.

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Madeline Messa

Madeline Messa se yon 3L nan Syracuse University College of Law. Li gradye nan Eta Penn ak yon diplòm nan jounalis. Avèk rechèch legal li ak ekri pou San Patipri Travay, li fè efò yo ekipe moun ki gen enfòmasyon yo bezwen yo dwe pwòp defansè yo pi byen.