(650) 332-8623South Dakota Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
Explore South Dakota labor laws, including wages, breaks, overtime, right-to-work, child labor regulations, and more.
What’s New in 2025?
South Dakota Meals and Breaks
No lawFor Lunch Breaks
Employers are not obligated to provide lunch breaks, but if they do, breaks that last 30 minutes or more can be unpaid as long as the employee is relieved of all duties.
No lawFor Rest Breaks
Employers are not required to offer short rest breaks. However, if rest breaks less than 20 minutes are provided, they must be paid.
South Dakota Leave and Paid Time Off (PTO)
South Dakota hasn’t enacted a specific law to supplant or augment the federal Family and Medical Leave Act (FMLA). However, qualifying employers with 50 or more employees must grant their employees up to 12 weeks of unpaid leave for:
- The birth or adoption of a child
- Caring for a severely sick or injured spouse, parent, or child
- Recovering from a serious medical condition
- Any qualifying exigency if an immediate family member is a covered military member on “covered active duty”
South Dakota law does not require employers to provide paid or unpaid sick leave. This is generally determined by the employer’s internal policies or collective bargaining agreements.
There is no state law mandating paid or unpaid vacation leave. If offered, employers must follow any vacation policies they have outlined in contracts or employee handbooks.
No state requirement. Employers are not obligated to provide bereavement leave.
Employers are required to provide leave for jury duty, and they cannot penalize employees for attending. The decision to offer unpaid or paid leave is left to the employer.
South Dakota requires employers to provide employees with two hours of paid time off to vote if they do not have sufficient time outside of working hours.
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers must provide up to five years of unpaid leave for military service. This includes protections for the South Dakota National Guard.
South Dakota Wages and Overtime
$11.50/hourMinimum Wage
The minimum wage in South Dakota was $11.20 per hour in 2024. This increases to $11.50 per hour on January 1, 2025.
1.5x HourlyOvertime Rate
Employees receive 1.5 times their regular pay for hours worked over 40 hours per week under federal law.
$5.75/hourTipped Employees
For tipped employees, the minimum wage was $5.60 per hour in 2024, with total earnings (including tips) required to meet the $11.20 state minimum. Starting Jan. 1, 2025, the tipped minimum wage will increase to $5.75 per hour, with the required total increasing to $11.50 per hour.
Once per MonthPay Frequency
South Dakota law requires employers to pay all wages to employees at least once per calendar month, unless otherwise agreed upon in advance by the employer and employee. Payment can be made via check, cash, or direct deposit.
In South Dakota, the minimum wage is set at the state level and does not vary by municipality. The state minimum wage and tipped minimum wage apply to all locations statewide.
In South Dakota, the following typically receive subminimum wages:
- Student Learners: This includes students engaged in vocational training or similar programs.
- Full-Time Students: Those enrolled full-time in educational institutions working in designated sectors.
- Individuals with Developmental Disabilities: Employers can apply for permits to pay these individuals at a subminimum rate.
South Dakota has several exemptions to the minimum wage laws:
- Seasonal and Recreational Employees: Employees working in seasonal amusement or recreational establishments are exempt from the minimum wage requirements.
- Babysitters: Individuals employed as babysitters are not subject to the minimum wage law.
- Outside Salespersons: Workers engaged in outside sales are exempt from the minimum wage requirements.
- Opportunity Wage: Employers can pay an “opportunity wage” of $4.25 per hour to employees under 20 years old for their first 90 consecutive days of employment.
- Student Learners and Apprentices: Certain student learners and apprentices are exempt if they are involved in approved training programs.
- Individuals with Disabilities: Employees with disabilities can be paid a subminimum wage if the employer has obtained a special certificate from the Department of Labor.
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South Dakota Prevailing Wages
In South Dakota, prevailing wages are determined by the Davis-Bacon and Related Acts (DBRA) for federally funded projects. These regulations ensure that private contractors and subcontractors involved in public projects, such as infrastructure and road construction, pay workers the local prevailing wage. This prevents contractors from paying workers below the fair market wage for their specific trades in that geographical region.
Contractors are required to follow specific guidelines under the DBRA. They must post prevailing wage rates at job sites, classify workers according to their job roles, maintain accurate records, and submit certified payrolls to verify compliance. These federal protections help ensure fair wages and working conditions on public works projects
South Dakota Prevailing Wage Resources
South Dakota Child Labor Laws
South Dakota’s child labor laws regulate the types of work minors can do and the hours they can work, ensuring their safety and education aren’t compromised. The rules vary by age, with stricter limits for younger children, and federal laws apply if they are more restrictive than state laws.
<14 Years
Laws in South Dakota for children under 14
- Prohibited Employment:
- Cannot work during school hours
- Cannot work later than 7 p.m.
- Exceptions:
- May work in jobs such as pumping gas, detasseling hybrid seed corn, or for their parents in non-hazardous roles
- Can perform in entertainment as child actors
14-15 Years
Laws in South Dakota for children between 14 and 15
- Work Hours Restrictions:
- Cannot work more than 4 hours on a school day or 20 hours during a school week
- May work up to 8 hours on non-school days and 40 hours in a non-school week
- Cannot work later than 10 p.m. on a school night
- Agricultural Work:
- Can work on farms or ranches outside of school hours if not operating hazardous machinery (e.g., tractors over 20 PTO horsepower).
- Exceptions: Those enrolled in 4-H or vocational programs can work on certain equipment for which they are trained.
16-17 Years
Laws in South Dakota for children between 16 and 17
- General Employment:
- Can work in any non-hazardous occupation without restrictions on hours.
- Hazardous Occupations Prohibited:
- Jobs like operating power-driven machines, working with explosives, roofing, trenching, or using circular saws are restricted.
- Exceptions: Youth Apprenticeship or Student-Learner Programs may allow hazardous work under strict supervision and specific conditions.
Other Essential South Dakota Labor Laws
Health and Safety Standards in South Dakota
South Dakota doesn’t have a state-specific plan for workplace safety and standards. Instead, it adopts those stipulated under the federal Occupational Safety and Health Act (OSHA).
In South Dakota, employers must…
- Follow OSHA Regulations: Employers must comply with the Occupational Safety and Health Administration (OSHA) regulations, which set the standards for workplace safety.
- Communicate Workplace Hazards: Employers are required to inform employees of potential hazards through labels, signs, or training and maintain safety data sheets (SDS) for any hazardous chemicals.
- Provide Emergency Action Plans: Employers must develop and implement emergency plans, including evacuation procedures and emergency medical assistance protocols.
- Supply PPE: Employers must provide personal protective equipment (PPE) such as gloves, masks, or protective suits, as needed for specific workplace hazards.
In South Dakota, employees should…
- Report Unsafe Conditions: Employees should report any workplace hazards or violations to their employer or appropriate authorities without fear of retaliation.
- Participate in Safety Training: Employees are required to participate in any safety training provided by their employer to ensure safe practices on the jobb.
- Exercise Their Rights: Employees have the right to request a workplace inspection if they believe there are safety or health violations.
Report health and safety violations (unsafe working conditions) in South Dakota to…
- Employees: OSHA File a Complaint
- Employers: Occupational Safety and Health Administration
Hiring and/or Firing Employees in SD
South Dakota is an at-will employment state. Employers can terminate an employee at any time, for any reason, as long as it’s not illegal (i.e., based on discrimination or retaliation). Likewise, employees can leave their job without providing notice or reason.
South Dakota has right-to-work laws, meaning employees cannot be forced to join a union or pay union dues as a condition of employment. Employers cannot terminate or discriminate against employees based on their decision to join or not join a union.
Employers may conduct background checks following the Fair Credit Reporting Act (FCRA) guidelines. Drug testing is also permitted, but it can only be done after a job offer is made. Employers must ensure that applicants are aware of and consent to the drug test.
South Dakota prohibits employment discrimination based on race, color, national origin, religion, gender, disability, age, and other protected categories. Employers must comply with both state and federal Equal Employment Opportunity (EEO) regulations.
Anti-Discrimination Laws in South Dakota
In South Dakota, anti-discrimination laws protect individuals from discrimination in employment based on specific characteristics. The South Dakota Human Rights Act prohibits discrimination in employment, housing, and public accommodations.
Employers in South Dakota may not discriminate against job applicants based on…
- Race
- Color
- Sex
- Religion
- Disability
- National Origin
Employee Resignation or Termination in South Dakota
In South Dakota, employment operates under the at-will principle, meaning employers can terminate employees at any time for any reason, as long as it is not discriminatory. This is governed by Codified Laws 60-4-4. Additionally, under Codified Laws 60-8, South Dakota is a right-to-work state, preventing employees from being dismissed based on union membership status.
Termination is lawful for reasons like contract expiration, neglect of duty, incapacity, or misconduct. However, unlawful discharge includes discrimination, breach of contract, or retaliation. While notice is not required, it is encouraged for both resignations and terminations.
Unemployment Benefits in South Dakota
Workers in South Dakota are eligible for unemployment benefits if they…
- Have lost their job through no fault of their own, including layoffs and terminations due to business closures.
- Meet monetary eligibility requirements by having earned a minimum amount during their base period to qualify for benefits.
- Are actively seeking work
Use this website to start your application for unemployment benefits in South Dakota:
South Dakota Department of Labor & Regulation
COBRA Benefits in South Dakota
Separated employees in South Dakota may extend employer-provided health care coverage through COBRA, which stipulates…
- Employees can maintain their health insurance coverage for up to 18 months after separation from employment.
- Employees must have been enrolled in the employer’s health plan at the time of separation to qualify for COBRA benefits.
- Employees are responsible for paying the full premium for their coverage, which may include an administrative fee.
Final Paychecks in South Dakota
Separated employees in South Dakota must receive their final paychecks. no later than the next scheduled payday following the employee’s last day of work.
- Final wages may be withheld until all company property has been returned by the employee.
- Employees should ensure that all hours worked are accurately documented to receive proper compensation.
SD Recordkeeping Requirements
In South Dakota, employers are required to maintain specific records for various durations to ensure compliance with state and federal labor laws. These recordkeeping requirements help protect employee rights and provide necessary documentation for audits and legal inquiries.
1 Year
Employers must retain these documents for at least one year:
- All employment records, including applications, resumes, and hiring documentation.
- Documentation related to the termination of employees, including reasons for termination.
- Any records that pertain to wages paid to employees, including pay stubs or wage statements.
2 Years
Employers must retain these documents for at least two years:
- Timecards, wage-rate tables, and records of additions to or deductions from wages.
- Documentation that shows job classifications and wage rates for employees.
- Information regarding employee benefits and any changes made during employment.
3 Years
Employers must retain these documents for at least three years:
- Detailed payroll records, including hours worked and wages paid.
- Any relevant certificates or agreements related to employment contracts or collective bargaining agreements.
- Copies of each employee’s I-9 form must be kept for three years after hire or one year after termination, whichever is longer.
4 Years
Employers must retain these documents for at least four years:
- Documentation related to any discrimination claims or complaints filed by employees.
- Records pertaining to workplace injuries or illnesses as required by OSHA regulations.
- Documentation related to employee leave under the FMLA must be retained for at least four years.
Penalties for South Dakota Wage Law Violations
$500+Wage Violations
Employers guilty of wage violations, including underpayment of minimum wage or failure to pay overtime, may face fines of up to $500 per violation. They may also be required to pay back wages plus interest.
Class 2 MisdemeanorBreak Violations
While South Dakota does not mandate breaks, if employers violate contracts or agreements that provide breaks, they can face penalties including a class 2 misdemeanor.
$13,227+Child Labor Violations
Violations of child labor laws can result in fines of up to $13,227 per minor employee. If a violation results in serious injury or death, the fine can increase to $60,115, and repeated violations may lead to fines as high as $120,230.
$50,000 – $300,000Anti-Distrimination Violations
In South Dakota, labor law violations are investigated and addressed by…
- South Dakota Department of Labor and Regulation for general labor law violations and enforcement of employment standards.
- South Dakota Human Rights Commission for complaints related to discrimination in employment based on protected characteristics such as race, gender, and disability.
Have employees across multiple states? Learn how to navigate varying labor laws with our multistate compliance guides:
- Indiana Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
- Oklahoma Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- New Mexico Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Colorado Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Illinois Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
- Wisconsin Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- West Virginia Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
No, South Dakota does not have any law that requires employers to provide holiday pay. It is up to the employer’s policy.
No, South Dakota does not require employers to provide severance pay. Any severance pay is based on the agreement between the employer and the employee.
Yes, minors aged 14 and 15 can work in agricultural jobs outside school hours but cannot operate hazardous equipment like tractors over 20 PTO horsepower or work with hazardous materials like chemicals.
Yes, 16- and 17-year-olds in a Youth Apprenticeship or Student-Learner Program can work in certain hazardous occupations if the work is incidental to training and is done under close supervision.
When an employee voluntarily terminates employment, their final paycheck is due on the next regular payday. Employers can withhold pay until company property is returned.
Generally, no. South Dakota law prohibits employers from firing employees for using tobacco products off the worksite during non-working hours unless the smoking conflicts with the job or poses a conflict of interest.
Minors aged 12 and 13 may work on farms outside of school hours with parental consent, provided the work is not hazardous.
