Child Labour Laws in South Dakota

The state of South Dakota regulates youth employment to protect education and safety. It limits the working hours of minors (under 16) and prohibits them from taking up any hazardous or exploitative work. These rules are enforced by the South Dakota Department of Labor and Regulation. All employers covered by the federal Fair Labor Standards Act (FLSA) must also follow the federal youth employment rules, and in cases where the state and federal standards differ from one another, the stricter requirement must apply.

How the state regulates

As per the state laws, all minors under 16 must not work after 10 PM on nights before school days. It also prohibits employment in occupations that are “dangerous to life, health, or morals,” with some specific exemptions for limited activities and employer types. The Department may investigate any complaints raised and inspect workplaces to ensure adherence to the rules. Employers can check provisions classified as violations in Class 2 misdemeanors under Title 60, Chapter 12. 

Relation to federal law

If state rules are less restrictive than the federal rules, all employers covered under FLSA must follow the federal standards. However, when state rules are more restrictive, state laws must apply. 

The federal law against the state law adds hour-of-day and total-hours limits for 14–15-year-olds and prohibits anyone under 18 from working at places determined at “hazardous.” Check the detailed lists and exceptions for student learners and apprentices here.

Minimum Working Age in South Dakota

• General rule: In South Dakota, 14 years is the minimum age for employment, with exceptions for child performers, employment by parents, certain agricultural roles with proper licensing, and limited fueling work for those who are above the age of 14.
• Under 14: Individuals under the age of 14 are not allowed to take employment, including working during school hours, as per the state law. However, some limited exemptions exist.

Work Permits for Minors in South Dakota

The state does not require minors to have a work permit or age certificate to get a job. However, employers may use the federal age certificate if they want proof of age of the minors for federal law compliance.

Hour Restrictions for Minors in South Dakota

• State rules (under 16):
  • A maximum of 4 hours on a school day and 20 hours in a school week.
  • A maximum of 8 hours on a non-school day and 40 hours in a non-school week.
  • No work after 10 PM on a day that precedes a school day.
• Federal rules (14–15) apply if stricter:
  • Should not work before 7 AM and after 7 PM, except from June 1 through Labor Day, when their permissible hours can be extended to 9:00 PM.
  • A maximum of 3 hours on a school day and 18 in a school week
  • A maximum of 8 hours on a non-school day and 40 hours in a non-school week.
• Ages 16–17: 
  • There are no general hour capping defined by the state. But it prohibits requiring minors to work during scheduled school hours. Federal hour caps generally do not apply in South Dakota, though hazardous occupation bans do apply.

Prohibited Jobs for Minors in South Dakota

South Dakota prohibits minors under the age of 16 from taking up any “any occupation dangerous to life, health, or morals.” Meanwhile, the federal law lists hazardous occupations under the FLSA that are off-limits to those under the age of 18, with some student-learner or apprentice exceptions. 

Note: Student-learner/apprenticeship programs may allow limited participation in some tasks otherwise stated as hazardous under the strict federal conditions.

Penalties for Non-Compliance

• Parental liabilities: State prohibitions do not apply to minors if their parents employ them in non-dangerous work. However, hazardous or exploitative conditions remain prohibited. Any violations of core child labor sections are considered Class 2 misdemeanors.
• Employer penalties (state): Violation of child labor laws (including hours for under-16 workers, work bans for under-14 workers, dangerous jobs, record-keeping, and facility rules) is considered a Class 2 offense.
• Employer penalties (federal): The U.S. DOL can impose a fine on an employer up to the set maximum per violation, with higher penalties if a violation leads to serious injury or death.

HR Notifications and Documentations