South Dakota Minimum Wage and Overtime Exemptions




Executive exemption

South Dakota minimum wage laws do not exempt executive employees from its minimum wage requirements. Because Arizona does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and executive employees apply.



Administrative exemption

South Dakota minimum wage laws do not exempt administrative employees from its minimum wage requirements. Because Arizona does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and administrative employees apply.




Professional exemption

South Dakota minimum wage laws do not exempt professional employees from its minimum wage requirements. Because Arizona does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and professional employees apply.



Outside salesman exemption

South Dakota minimum wage law exempts outside salesmen from its minimum wage requirements. SD Statute 60-11-3 Because South Dakota does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and outside salesmen apply.



Computer employee exemption

South Dakota minimum wage laws do not exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage requirements. Because Arizona does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and computer systems analysts, computer programmers, software engineers, and other similarly skilled workers apply.



Other minimum wage and overtime exemptions

South Dakota exempts the following employees from its minimum wage requirements:

  • babysitters;
  • Employees working for an amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center do not qualify as tipped employees if one of the following criteria apply:
    • the establishment, camp, or center does not operate for more than seven months in any calendar year; or
    • during the preceding calendar year, the average receipts of the establishment, camp, or center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year.

SD Statute 60-11-3