What You Need To Know

Discover your rights and protections regarding wages, overtime, and employee classification. If you've faced unpaid overtime or workplace violations, contact Josephson Dunlap for expert representation and guidance.

Unravel the complexities of labor regulations and ensure fair treatment in your workplace.


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South Dakota Minimum Wage Laws

As of 2023, South Dakota's minimum wage is $10.80 per hour, adjusted annually based on the Consumer Price Index. Employers must comply with this state-specific minimum wage, which is higher than the federal minimum wage.


Meal & Rest Breaks

South Dakota does not require employers to provide meal or rest breaks to employees, regardless of the length of their workday. This policy aligns with federal guidelines, and it is up to each employer to decide whether to provide breaks.

2 Years

Filing Claims

In South Dakota, there is no specific state statute for filing claims for unpaid overtime wages, so the federal statute of limitations of two years (three years for willful violations) applies. Employees must file claims within this period to address any discrepancies in overtime payment.


South Dakota Overtime Pay Laws

South Dakota follows the federal Fair Labor Standards Act (FLSA) for overtime, requiring that employers pay overtime at one and a half times the employee’s regular rate for hours worked beyond 40 in a workweek. Employers must ensure compliance with these regulations to provide fair compensation.

Overtime Pay

Protections for workers

A unique aspect of South Dakota's labor laws is that there are no additional state-specific provisions for overtime beyond the federal requirements. This means that the standard FLSA rules apply uniformly across all sectors, without any state-specific exceptions or additions.