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:
- Employees who are under 20, who may be paid a training wage
- 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.