South Dakota child labor laws set forth the rules and limitations regarding the days and time children under the age of 18 years old may work in South Dakota. They also clarify and limit the types of work children under the age of 14 and youth who are 14, 15, 16, and 17 year olds may work. It is also important to remember that businesses and youth workers must comply with the federal child labor laws set forth in the federal Fair Labor Standards Act (FLSA). Below is information about South Dakota child labor law rules and limitations.
- How old do you have to be to work in South Dakota?
- What days can a minor work in South Dakota?
- What times during the day can a minor work in South Dakota?
- How many hours can a minor work each day in South Dakota?
- How many hours can a minor work each week in South Dakota?
- What kinds of jobs can a minor work in South Dakota?
- Does a teen need to have a work permit or certificate to work in South Dakota?
- Are youth workers entitled to rest breaks or meal breaks?
How old do you have to be to work in South Dakota?
Under South Dakota child labor laws, youth must be 14-years-old or older to get a job and work in South Dakota with a few exceptions. These exceptions include:
- child actors
- jobs pumping gas
- detasselling hybrid seed corn
- employment by parents
- employment necessary for the child’s support
- employment using agricultural equipment
SC Statutes 60-12-1 to 60-12-21, SD Department of Labor & Regulation – Youth Employment
What days can a minor work in South Dakota?
South Dakota child labor laws do not limit the days of the week youth may work in South Dakota. However, South Dakota rules limit the times during a day a minor may work. SC Statutes 60-12-1 to 60-12-21, SD Department of Labor & Regulation – Youth Employment
What times during the day can a minor work in South Dakota?
The times during a day a minor may work in South Dakota varies based on 1) whether they are under 16 year old or not, and 2) whether the work will be during school weeks or non-school weeks.
For youth that are 16-years-old and 17-years-old, South Dakota child labor laws do not restrict the times during a workday in which they may work, except an employer may not require a minor to work when the minor is supposed to be in school.
For youth that are 14-years-old and 15-years old, South Dakota child labor laws restrict the times during the day in which they work to 10 p.m. on any day before a school day. The law does not restrict how early a 14 or 15-year-old may work or the times they may work on days before a non-school day.
Age | Day from a school day | Day from a non-school day |
---|---|---|
What times can a 14-year-old work? | Until 10 p.m. | No restriction |
What times can a 15-year-old work? | Until 10 p.m. | No restriction |
What times can a 16-year-old work? | No restriction | No restriction |
What times can a 17-year-old work? | No restriction | No restriction |
SC Statutes 60-12-1 to 60-12-21, SD Department of Labor & Regulation – Youth Employment
The FLSA also restricts the times youth may work each workday. When the federal child labor laws are more restrictive than South Dakota laws, the federal rules apply.
Age | School Weeks (Labor Day to June 1) | Non-School Weeks (June 1 to Labor Day) |
---|---|---|
What times can a 14-year-old work? | 7 a.m. until 7 p.m. | 7 a.m. until 9 p.m. |
What times can a 15-year-old work? | 7 a.m. until 7 p.m. | 7 a.m. until 9 p.m. |
What times can a 16-year-old work? | No restriction | No restriction |
What times can a 17-year-old work? | No restriction | No restriction |
How many hours can a minor work each day in South Dakota?
For youth that are 16-years-old and 17-years-old, South Dakota child labor laws do not restrict how many hours they may work in a workday, except an employer may not require a minor to work when the minor is supposed to be in school.
Moreover, under South Dakota child labor laws, children that are 14-years-old and 15-years-old may work no more than 4 hours on a school day and 8 hours on a non-school day.
Max Hours Work Each Day | School days | Non-school days |
---|---|---|
How many hours can a 14-year-old work each day? | 4 | 8 |
How many hours can a 15-year-old work each day? | 4 | 8 |
How many hours can a 16-year-old work each day? | No restriction | No restriction |
How many hours can a 17-year-old work each day? | No restriction | No restriction |
SC Statutes 60-12-1 to 60-12-21, SD Department of Labor & Regulation – Youth Employment
The FLSA also restricts the how many hours a youth may work each workday. When the federal child labor laws are more restrictive than South Dakota laws, the federal rules apply.
Max Hours Work Each Day | School days | Non-school days |
---|---|---|
How many hours can a 14-year-old work each day? | 3 | 8 |
How many hours can a 15-year-old work each day? | 3 | 8 |
How many hours can a 16-year-old work each day? | No restriction | No restriction |
How many hours can a 17-year-old work each day? | No restriction | No restriction |
How many hours can a minor work each week in South Dakota?
For youth that are 16-years-old and 17-years-old, South Dakota child labor laws do not restrict how many hours they may work in a workweek, except an employer may not require a minor to work when the minor is supposed to be in school.
Moreover, under South Dakota child labor laws, children that are 14-years-old and 15-years-old may work no more than 20 hours during a school week and 40 hours during a non-school week.
Max Hours Worked Each Workweek | School Weeks (Labor Day to June 1) | Non-School Weeks (June 1 to Labor Day) |
---|---|---|
How many hours can a 14-year-old work each day? | 20 | 40 |
How many hours can a 15-year-old work each day? | 20 | 40 |
How many hours can a 16-year-old work each day? | No restriction | No restriction |
How many hours can a 17-year-old work each day? | No restriction | No restriction |
SC Statutes 60-12-1 to 60-12-21, SD Department of Labor & Regulation – Youth Employment
The FLSA also restricts the how many hours a youth may work each workweek. When federal child labor laws are more restrictive than the South Dakota laws, the federal rules apply.
Max Hours Worked Each Workweek | Federal Law School Weeks (Labor Day to June 1) | Federal Law Non-School Weeks (June 1 to Labor Day) |
---|---|---|
How many hours can a 14-year-old work each week? | 18 | 40 |
How many hours can a 15-year-old work each week? | 18 | 40 |
How many hours can a 16-year-old work each week? | No restriction | No restriction |
How many hours can a 17-year-old work each week? | No restriction | No restriction |
What kinds of jobs can a minor work in South Dakota?
In South Dakota, according to the FLSA, youth 14 years old and older may work in the following jobs.
office and clerical work, including operating office machines | intellectual or artistically creative work such as, but not limited to, computer programming, writing software, teaching or tutoring, serving as a peer counselor or teacherโs assistant, singing, playing a musical instrument, and drawing (artistically creative work is limited to work in a recognized field of artistic or creative endeavor) | cooking with electric or gas grills so long as it does not require cooking over an open flame or cooking with deep fryers so long as the fryer utilizes a device that automatically lowers and raises the basket(s) into and out of the hot oil or grease (this provision does not permit youth who are 14 and 15 years old to cook with equipment such as rotisseries, broilers, pressurized equipment, and cooking devices that operate at extremely high temperatures) |
cashering | selling | modeling |
art work | work in advertising departments | window trimming |
comparative shopping | price marking and tagging by hand or machine | assembling orders |
packing | shelving | bagging and carrying out customersโ orders |
errand and delivery work by foot, bicycle, and public transportation | clean up work, including the use of vacuum cleaners and floor waxers | grounds maintenance, not including the use of power-driven mowers, cutters, trimmers, edgers, or similar equipment |
kitchen work involved in preparing and serving food and beverages, including operating machines and devices such as dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, coffee grinders, automatic coffee machines, warmers, steam tables, heat lamps, and microwave ovens that do not have the capacity to warm above 140 degrees fahrenheit (minors are permitted to enter freezers momentarily to retrieve items in conjunction with restocking or food preparation) | cleaning kitchen equipment, including removing oil or grease filters, pouring oil through filters, and moving receptacles containing hot grease or hot oil so long as the equipment, surfaces, containers, and liquids do not exceed a temperature of 100 degrees fahrenheit. | cleaning vegetables and fruit |
wrapping, sealing, labeling, weighing, pricing, and stocking items, including vegetables, fruits, and meats, when performed in areas physically separate from a freezer or meat cooler | loading onto and unloading from motor vehicles light, non-power-driver, hand tools, personal protective equipment, and other equipment that will be used in the youthโs employment on a work site, such as rakes, hand-held clippers, shovels, and broom, backpacks, lunch boxes, and clothing. Items a 14 or 15-year-old would not be able to unload include trash, sales kits, promotion items, items for sale, lawn mowers, power-driven lawn maintenance equipment, barriers, cones, or signage | performing lifeguard duties (only applies to 15 year olds; 14 year olds are not permitted to perform lifeguard duties) |
work inside and outside places of business where machinery is used to process wood products (only applies to 14 or 15 year old youth who by statute of judicial order are exempt from compulsory school attendance beyond 8th grade) | work in conjunction with cars and truck, so long as the work is confined to: dispensing gasoline and oil, courtesy service, car cleaning, washing, and polishing by hand | work in conjunction with riding in motor vehicles except where prohibited by 29 CFR 570.33(f) or when a significant reason, although not necessarily the primary reason, for the minor being a passenger is for the purpose of performing work in transporting people or property. |
In South Dakota, under the FLSA, youth under 16 years old may not work in the following jobs, except except when serving a voluntary apprenticeship, work-training program, or student-learner program..
manufacturing, including occupations requiring the performance of any duties in work rooms or places where goods are manufactured | mining, including occupations requiring the performance of any duties in work rooms or places where goods are mined | processing, including occupations requiring the performance of any duties in work rooms or places where goods are processed |
operating, tending, setting up, adjusting, cleaning, oiling, or repairing hoisting apparatus | work in or around boiler or engine rooms or in connection with maintaining or repairing the establishment, machines, or equipment | operating, tending, setting up, adjusting, cleaning, oiling, or repairing power-driven machinery, including but not limited to lawn mowers, golf carts, all-terrain vehicles, trimmers, cutters, weed-eaters, edgers, food slicers, food grinders, food choppers, food processors, food cutters, and food mixers |
operating motor vehicles or serving as a helper on a motor vehicle | riding on a motor vehicle except in those cases where is explicitly permitted (see above) | outside window washing if it involves working from window sills |
work requiring the use of ladders, scaffolds, or similar equipment | baking and cooking activities except in those cases explicitly permitted (see above) | working in freezers and meat coolers, unless it is only momentarily to retrieve items (see above) |
preparing meats for sale except in those cases explicitly permitted (see above) | youth peddling | loading and unloading of goods or property onto or from motor vehicles, railroad cars, or conveyors, except the loading and unloading of personal non-power-driven hand tools, personal protective equipment, and personal items to and from motor vehicles |
catching and cooping of poultry in preparation for transport or for market | public messenger service | occupations in connection with transporting people or property by rail, highway, air, water, pipeline, or other means, except office work (including ticket office) or sales work if it does not involve performing any duties on trains, motor vehicles, aircraft, vessels, or other media of transportation |
occupations in connection with warehousing and storage, except office work or sales work | occupations in connection with communications and public utilities. except office work or sales work | occupations in connection with construction, including demolition and repair, except office work or sales work if it does not involve performing duties at the actual site of construction operations. |
In South Dakota, under the FLSA, youth under 18 years old may not work in the following hazardous jobs except when serving a voluntary apprenticeship, work-training program, or student-learner program.
SC Statutes 60-12-1 to 60-12-21, SD Department of Labor & Regulation – Youth Employment, see also FLSA
Does a teen need to have a work permit or certificate to work in South Dakota?
South Dakota child labor laws do not require teens under 18 years old to to obtain an employment certificate (work permit) in order to work in the state.
Although, teens may obtain a federal certificate of age to validate their age and employers may rely on the federal age certificate to defend themselves from claims that they employed an underage teen. FLSA Child Labor Law Age Certificates
Are youth workers entitled to rest breaks or meal breaks?
In South Dakota, employers are not required to give youth workers rest or meal breaks. SD Dept. of Labor and Regulation: Work Breaks