{"id":376342,"date":"2017-09-19T18:22:57","date_gmt":"2017-09-19T23:22:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-overtime-laws.html"},"modified":"2022-12-27T15:57:10","modified_gmt":"2022-12-27T20:57:10","slug":"south-dakota-overtime-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-overtime-laws.html","title":{"rendered":"South Dakota Overtime Laws"},"content":{"rendered":"\n
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South Dakota Overtime Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Chris Meyers, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

No matter if you are a cattle rancher or a tourism employee in South Dakota, you might be owed overtime pay from your employer. However, South Dakota does not have its own state law overtime provisions. As a result, the overtime law provisions of the Fair Labor Standards Act<\/a> (FLSA) are followed in the state, which entitles employees to be paid 1.5 times their normal hourly rate for all time worked over 40 hours in a single week.<\/p>\r\n

South Dakota Overtime Law Overview<\/h2>\r\n

Key parts of South Dakota overtime law are summarized in the foregoing table.<\/p>\r\n\r\n

State and Federal Statutes<\/b><\/p>\r\n<\/td>\r\n

Overtime Calculation Methods:<\/b><\/p>\r\n<\/td>\r\n

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  • Hourly<\/b>: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.<\/li>\r\n<\/ul>\r\n
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    • Hourly Plus Bonus and\/or Commission<\/b>: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and\/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.<\/li>\r\n<\/ul>\r\n
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      • Salary:<\/b> Regular rate = Salary divided by the number of hours the salary is intended to compensate.
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        • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.<\/li>\r\n
        • If the regular hours = 40: Pay time and a half for hours over 40.<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Exempt from FLSA<\/b><\/p>\r\n<\/td>\r\n