South Dakota minimum wage laws require employers to pay employees for all hours worked; however, they do not address when an employer must count employee time as hours worked. Because most employers and employees in South Dakota are subject to the federal Fair Labor Standards Act, the standards set forth in that law related to hours worked may provide reasonable guidance.
South Dakota has no general provision governing overtime pay, but most employees would be subject to the federal Fair Labor Standards Act, which requires that all nonexempt employees be paid at a rate of 1.5 times their regular rate of pay for all hours worked over 40 in a week. Private employers cannot satisfy their overtime obligations by providing compensatory time and must pay overtime-eligible employees an overtime premium for hours over 40 in a workweek.
South Dakota does not have a law requiring an employer to provide rest breaks and meal periods.
Breast Feeding Law
S.D. Codified Laws Ann. § 22-24A-2 (2002) exempts mothers who are breastfeeding from indecency laws. 2012 S.D. Sess. Laws, Chap. 114 provides for an exemption from jury duty for a mother who is breastfeeding a baby younger than one year. A written notice requesting an exemption must be submitted to the clerk of court within ten days of receiving the summons for jury duty.
State law does not require an employer to provide an employee with vacation pay benefits. However, if an employer decides to do so, he must give notice of the policy to the employee, abide by the policy, and not discriminate in its administering of the policy.
Effective January 1, 2018, South Dakota’s hourly minimum wage is $8.85, and the hourly minimum wage for tipped employees is $4.33, which are increases from the $8.55 hourly minimum wage and $4.28 hourly minimum wage for tipped employees that were in effect in 2016.
The state’s youth minimum wage is no longer in effect, and workers younger than 18 are to receive the state’s hourly minimum wage, under a ballot measure (Referred Law 20) that was certified November 16, 2016, as having failed. The measure sought to establish a youth minimum wage of $7.50.
Effective January 1, 2018, the state’s hourly minimum cash wage for tipped employees (those regularly receiving more than $35 a month in tips and other considerations) is $4.425, which is no less than 50 percent of the state’s minimum hourly wage. Tipped employees must be paid a cash wage of at least 50 percent of the state minimum wage.
There are no general or youth provisions regarding meal and rest breaks.
An employee called to jury duty may not be fired or demoted for serving as a juror. However, the employer decides whether the work time missed will be with or without pay.
An employer shall grant a temporary leave of absence without loss of job status or seniority resulting therefrom, to any employee who is a member of the Legislature in order that such employee may perform any official duty as a member of the Legislature. Such temporary leave of absence may be with or without pay within the discretion of the employer. Any agreement between an employer and an employee which, as a condition precedent to employment, promotion or benefit enhancement, restricts the employee’s right to serve in the Legislature is void as a matter of public policy.
Any person entitled to vote at any election held within this state, including a primary election, shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two consecutive hours between the time of opening and the time of closing the polls; provided such person does not have a period of two consecutive hours during the time the polls are open during which he is not required to be present at his work or place of employment. Such voter is not, because of so absenting himself, liable to any penalty, nor may any deduction be made on account of such absence from his usual salary or wages. The employer may specify the hours during which such employee may absent himself as aforesaid.
Any resident of this state who is a member of any state’s National Guard who is ordered to active duty service by the Governor of that state or the President of the United States has all protections afforded to persons serving on federal active duty by the Servicemembers Civil Relief Act of 2003, 54 Stat. 1178, 50 App. U.S.C.A. 501-548 and 560-591, as amended to January 1, 2007, and by the Uniformed Services Employment and Reemployment Rights Act, 108 Stat. 3149, 38 U.S.C.A. 4301 to 4333, as amended to January 1, 2007.
Last updated on: September 27th, 2018