South Dakota’s current minimum wage is $9.95.
For more information on South Dakota’s minimum wage laws, visit our South Dakota Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing, and pooling, and subminimum wages.
Related topics covered on other pages include:
South Dakota labor laws do not have laws governing the payment of overtime. SD Dept. of Labor and Regulation: Overtime. Federal overtime laws apply. See FLSA: Overtime for more information regarding overtime requirements.
South Dakota does not have a prevailing wage law that governs wage rates on government project or service contracts.
Under certain circumstances, employers in South Dakota may be required to pay residents wage rates established by federal prevailing wage rates and rules. The prevailing wage rates may be different from the federal and state’s standard minimum wage rates. Employees may be eligible for prevailing wages if they work on government or government-funded construction projects or perform certain government services. See the Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.
Meals and Breaks
South Dakota labor laws do not have any laws requiring an employer to provide a meal period or breaks to employees, thus the federal rule applies. SD Dept. of Labor and Regulation: Work Breaks. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. However, if an employer chooses to do so, breaks, usually of the type lasting less than twenty (20) minutes, must be paid. Meal or lunch periods (usually thirty (30) minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.
Nursing Mother Breaks
South Dakota labor laws do not require employers to provide nursing mothers with breaks to express breast milk. However, the federal Fair Labor Standards Act requires certain employees to provide nonexempt nursing mothers for one (1) year following a child’s birth with reasonable rest breaks to express milk and private spaces, other than a bathroom, to express breast milk.
Information about South Dakota vacation leave laws may now be found on our South Dakota Leave Laws page.
Information about South Dakota sick leave laws may now be found on our South Dakota Leave Laws page.
Information about South Dakota holiday leave laws may now be found on our South Dakota Leave Laws page.
Jury Duty Leave
Information about South Dakota jury duty leave laws may now be found on our South Dakota Leave Laws page.
Information about South Dakota voting leave laws may now be found on our South Dakota Leave Laws page.
South Dakota labor laws do not require employers to provide employees with severance pay. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract.
Under certain circumstances, South Dakota residents may be eligible for unemployment benefits while they search for another job. You are required to certify that you are unemployed on a weekly basis to receive these benefits. See South Dakota State Unemployment Benefits.