Filing a Wage and Hour Claim – South Dakota

Does South Dakota have state overtime laws that are different from federal law?

South Dakota state law does not address the issue of overtime pay; for that reason, only federal law applies in the state. State law nonetheless does indicate that a workday in any manufacturing or mechanical occupation shall consists of eight hours unless there is an express agreement to the contrary.

Does South Dakota have a minimum wage that is different from federal law?

South Dakota has a minimum wage of $7.25 on July 24, 2009, identical to the federal minimum wage.

The minimum wage law does not cover the following employees:

Babysitters
Employees who are under 20, who may be paid a training wage
Apprentices
Mentally or physically disabled individuals, for whom the Department of Labor may prescribe a lower wage
Prisoners, who are entitled to “reasonable compensation”
Outside salespeople

An employer must pay tipped employees at least $2.13 per hour which, along with the employee’s tips, must add up to the minimum wage of $7.25 per hour.

Does South Dakota have meal and rest break requirements, unlike federal law?

Like federal law, South Dakota law does not require employers to provide meals or rest breaks.

How do I file a wage/hour or labor standards claim in South Dakota?

If your employer owes you wages, you can file a claim with the South Dakota Department of Labor and Regulation by sending a letter explaining the facts of your wage claim, the amount owed, the name and address of your employer, and the period of time worked. The address is listed below. If the Department finds that your claim is valid, it can sue your employer in court on your behalf. If your employer was oppressive, fraudulent, or malicious in her/his refusal to pay you the wages you were owed, you may be entitled to twice what you are owed.

What are my time deadlines?

Do not delay in contacting the South Dakota Department of Labor and Regulation to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department to act on your behalf, you must file your claim within two years after you are owed your wages, since this is the statute of limitations for bringing a court case.

How can I or my attorney pursue a claim in court in South Dakota?

Instead of filing a claim with the South Dakota Department of Labor and Regulation, you can file a lawsuit in court. The statute of limitations for such a law suit is two years, and if your employer was oppressive, fraudulent, or malicious in her/his refusal to pay you the wages you were owed, you may be entitled to twice what you are owed. The court may also require your employer to pay your litigation costs and reasonably attorneys’ fees.

Contact Information:

South Dakota Department of Labor and Regulation

700 Governors Drive
Kneip Building – 3rd Floor
Pierre, SD 57501-2291

For wage-and-hour issues, contact Dail Mollard, 605-773-3681

This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.