South Dakota Overtime Laws
South Dakota follows federal FLSA overtime rules.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$11.50
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Standard FLSA exemptions apply
Important Notes
South Dakota follows federal FLSA overtime rules.
State Labor Department
South Dakota Economy and Workforce
South Dakota has a diversified economy with a GDP of $75.2 billion in 2024. Agriculture forms the backbone of the state's economy, contributing about 13% of GDP, while the service sector, including financial services and tourism, provides the largest share of employment and economic output.
Industries with Common Overtime
These South Dakota industries frequently involve overtime work situations:
Agriculture and Food Processing
Farming, ranching, meat packing, and ethanol production employ thousands across the state. Seasonal harvest periods often require extended hours for farm workers and processing plant employees.
Tourism and Hospitality
Mount Rushmore, the Sturgis Motorcycle Rally, and Black Hills attractions drive significant tourism. Hotel, restaurant, and park service workers frequently work overtime during peak summer and rally seasons.
Healthcare
Hospitals and healthcare facilities across the state often require nurses, technicians, and support staff to work extended shifts, particularly in rural areas with staffing challenges.
Manufacturing
South Dakota's manufacturing sector contributed $5.7 billion to GDP in 2024. Production workers in food processing and industrial manufacturing often work overtime to meet demand.
Frequently Asked Questions
No, South Dakota does not have state-specific overtime laws. The state relies entirely on the federal Fair Labor Standards Act (FLSA) for overtime requirements. Under the FLSA, non-exempt employees must receive 1.5 times their regular rate for hours worked over 40 in a workweek.
As of January 1, 2025, South Dakota's minimum wage is $11.50 per hour. The overtime rate for minimum wage workers is $17.25 per hour (1.5 times the regular rate) for all hours worked beyond 40 in a workweek.
Under federal law, you have two years from the date of the violation to file an overtime claim. If the employer's violation was willful, the statute of limitations extends to three years. You can file with the U.S. Department of Labor or pursue a private lawsuit.
How to File a Wage Claim in South Dakota
If you believe you are owed overtime pay, follow these steps:
Gather documentation including pay stubs, timesheets, and records of hours worked
Attempt to resolve the issue directly with your employer or HR department
File a complaint with the South Dakota Department of Labor and Regulation or the U.S. Department of Labor's Wage and Hour Division
The agency will investigate and may require the employer to pay back wages
If unresolved, you may file a private lawsuit to recover unpaid overtime plus potential liquidated damages
Important South Dakota Consideration
South Dakota is one of only nine states with no state income tax, making take-home pay calculations simpler for workers. The state is also a right-to-work state and has minimal state labor mandates, meaning employers have flexibility but workers rely primarily on federal protections for overtime, breaks, and other workplace standards.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.