South Dakota Overtime Laws

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 (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.

South Dakota Overtime Law Overview

Key parts of South Dakota overtime law are summarized in the foregoing table.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Meals and Breaks

There are no specific South Dakota laws requiring an employer to provide breaks or meal times to employees, thus the relevant federal rules under the FLSA apply, which also does not require employers to provide meal (lunch) periods or breaks. However, if an employer chooses to provide meal periods or breaks, the types of breaks lasting less than 20 minutes must be paid. However, meal or lunch periods of usually 30 minutes or more do not need to be paid, so long as the employee is free to do whatever they want during that period of time.

South Dakota Overtime Exemptions

Types of employees that are exempt from South Dakota overtime laws include:

• Executive employees
• Administrative employees
• Professional employees
• Computer employees such as software engineers and computer systems analysts
• Some computer-related employees
• Outside salespeople
• Babysitters
• Employees working for amusement or recreational establishments, organized camp or religious or nonprofit educational centers

Research the Law

• Official State Codes
• South Dakota State Laws
• South Dakota Employment Laws
• State Minimum Wage & Overtime Laws

Denied Overtime Pay in South Dakota? An Attorney Can Help

When you work overtime, you're expected to be paid for that extra time. Employers who cheat their employees or otherwise discourage workers from seeking the pay to which they're entitled may be held liable for your losses. Learn more today by contacting a South Dakota employment law attorney near you.