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.
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.
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.
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.
Workers under 18 in South Dakota
Teens have extra limits on hours and times of day, and may need a work permit. See South Dakota teen work rules and which employers hire at 14 and 15.
Questions or a complaint? Contact the South Dakota Department of Labor & Regulation.