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South Dakota · updated 2026-10

South Dakota Overtime & Break Laws

Time and a half after 40 hours in a workweek.

Overtime

40h / week

Time and a half after 40 hours in a workweek.

South Dakota has no state overtime or comp-time law; federal FLSA overtime (1.5x after 40/week) applies to covered employers.

Federal FLSA rule. source

Meal break

Not required

No state law requires a meal break for adult employees in South Dakota; it's up to the employer. If a break is under 20 minutes, federal law treats it as paid work time.

source

Rest breaks

Not required

South Dakota law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.

source

Minimum wage

$11.85

$11.85 an hour (since 2026-01-01). Adjusted annually (CPI). Tipped cash wage $5.925/hr; tips must bring total to $11.85.

source

South Dakota time card

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South Dakota pay and break questions

When does overtime start in South Dakota?

Time and a half after 40 hours in a workweek. South Dakota has no separate state overtime law, so the federal FLSA rule applies. South Dakota has no state overtime or comp-time law; federal FLSA overtime (1.5x after 40/week) applies to covered employers.

Are lunch breaks required in South Dakota?

No state law requires a meal break for adult employees in South Dakota; it's up to the employer. If a break is under 20 minutes, federal law treats it as paid work time.

Are rest breaks required in South Dakota?

South Dakota law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.

What is the minimum wage in South Dakota?

$11.85 an hour (since 2026-01-01). Adjusted annually (CPI). Tipped cash wage $5.925/hr; tips must bring total to $11.85.

Questions or a complaint? Contact the South Dakota Department of Labor & Regulation.