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Filing a Wage and Hour Claim - South Dakota

Does South Dakota have state overtime laws that are different from federal law?

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.

Does South Dakota have a minimum wage that is different from federal law?

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:

  • Babysitters
  • Employees who are under 20, who may be paid a training wage
  • Apprentices
  • 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.

Do any cities or counties in South Dakota have a minimum wage that is different from state or federal law?

No cities or counties in South Dakota currently have a minimum wage different from the state minimum of $9.10 per hour.

Does South Dakota have meal and rest break requirements, unlike federal law?

Like federal law, South Dakota law does not require employers to provide meals or rest breaks.

How do I file a wage/hour or labor standards claim in South Dakota?

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.

What are my time deadlines?

Do not delay in contacting the South Dakota Department of Labor and Regulation to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department to act on your behalf, you must file your claim within two years after you are owed your wages, since this is the statute of limitations for bringing a court case.

How can I or my attorney pursue a claim in court in South Dakota?

Instead of filing a claim with the South Dakota Department of Labor and Regulation, you can file a lawsuit in court. The statute of limitations for such a law suit is two years, and 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. The court may also require your employer to pay your litigation costs and reasonably attorneys' fees.

State Labor Agency

South Dakota Department of Labor & Management
Division of Labor and Regulation
123 W. Missouri Ave.
Pierre, South Dakota 57501-2291
Phone: (605) 773-3681
Fax: (605) 773-4211

The Department of Labor & Management can be contacted online here.

Terry A. Venneberg Weekly Weekly

Topic of the Week

Workplace Bullying

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Blog of the Week

Overcoming Inequality in Unemployment Benefit Access and Utilization

Black workers are not only more likely to be unemployed during the pandemic but much less likely to receive UI. Law, policy, and practice may be the problems, but the solution begins with mobilization.

Thought for the Week

"It really is very damaging. It creates a place where you're just always afraid and you can't be yourself. People are angry and confused and they're concerned about their job all day every day—is today the day I'm going to be fired? That's just no way to live"

–Catherine Mattice Zundel | CEO of Civility Partners

List of the Week

from Workplace Bullying Institute

  • 19% of adults said they’d personally been bullied at work, while another 19% said they’d seen it happen to someone else.
  • Being bullied at work can harm both your mental and your physical health—with potential effects including major stress, anxiety, depression, trauma, high blood pressure, gastrointestinal issues, and more.
  • Workplace bullying goes far beyond a minor disruption or small annoyance. Rather, it creates a psychological power imbalance between the person doing the bullying and their target or targets to a point where that person at the receiving end develops [a] feeling of helplessness.

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  4. Reddit announces permanent work from home, eliminates cost-of-living pay compensation
  5. Stuck-At-Home Moms: The Pandemic's Devastating Toll On Women