{"id":376364,"date":"2016-04-11T01:23:54","date_gmt":"2016-04-11T06:23:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-wage-and-hour-laws.html"},"modified":"2018-12-13T00:00:00","modified_gmt":"2018-12-13T05:00:00","slug":"south-dakota-wage-and-hour-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-wage-and-hour-laws.html","title":{"rendered":"South Dakota Wage and Hour Laws"},"content":{"rendered":"\n
\n \n
\n

South Dakota Wage and Hour Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

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
\n

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

Wage and hour laws dictate many aspects of employer \u2013 employee relations by setting various minimum standards. For example, many states have wage and hour laws<\/a> that set a minimum wage and overtime pay requirements. This article outlines some of South Dakota’s main wage and hour laws.<\/p>\r\n\r\n

Code Section<\/b><\/p>\r\n<\/td>\r\n

South Dakota Code chapter 11: Wage, Hours, and Conditions of Employment<\/b><\/td>\r\n<\/tr>
Effective Date<\/b><\/td>\r\n

The wage laws below are effective as of January 1st<\/sup>, 2018.<\/p>\r\n<\/td>\r\n<\/tr>

What’s Required?<\/b><\/p>\r\n<\/td>\r\n

Employers in South Dakota must pay non-tipped employees at least $8.85 per hour.<\/td>\r\n<\/tr>
Youth Minimum Wage<\/b><\/td>\r\n

Non-tipped employees who are less than 18 years old must be paid at least $7.50 per hour.<\/p>\r\n<\/td>\r\n<\/tr>

Tipped Employees<\/b><\/p>\r\n

 <\/p>\r\n<\/td>\r\n

Tipped employees may be paid a minimum wage of $4.43 per hour so long as the employee makes enough in tips to bring the total up to the minimum wage. The employer must make sure that their employees receive no less than the minimum wage and must keep a record of all tips received by employees.<\/td>\r\n<\/tr>

Agreements to Work for Less are Ineffective<\/b><\/p>\r\n

 <\/p>\r\n<\/td>\r\n

Employees can not agree to work for less than the minimum wage. An employee who is paid less than the minimum wage is entitled to recover the full amount that they are entitled to measured by the minimum wage, even if the employee agreement to work for less.<\/td>\r\n<\/tr>

Exemptions<\/b><\/p>\r\n

 <\/p>\r\n<\/td>\r\n