Overtime Laws in South Dakota

As of 2025, South Dakota does not have any independent overtime laws. It follows the federal Fair Labor Standards Act (FLSA) that outlines the specific requirements for overtime pay eligibility and calculation in the state. Companies operating in South Dakota must pay non-exempt employees 1.5X their regular wage rate when they work more than 40 hours in a workweek. 

Federal law also restricts private companies from offering compensatory time off against overtime pay. This means employees must be given monetary compensation for extra hours worked. Such restrictions reinforce fair pay practices in South Dakota and simplify compliance.

The table below details key changes that impact overtime and exemptions in 2025. 

Overview of South Dakota Overtime Laws 2026

Employers must calculate and provide overtime pay based on 1.5X an employee’s regular rate for all hours worked beyond 40 in a workweek. 

The state does not mandate companies to provide overtime wages daily, including weekends, or holidays when calculating overtime pay. 

Here are the top 5 key points for South Dakota overtime laws in 2025:

• South Dakota follows federal FLSA overtime standards exclusively; there are no separate state overtime laws.
  
• Non-exempt employees must be paid 1.5 times their regular hourly rate for all hours worked beyond 40 in a workweek.
  
• Exempt employees include those earning at least $684 per week ($35,568 annually) who work in executive, administrative, professional, or computer-based roles meeting specific duty requirements.
  
• Employers cannot offer compensatory time (comp time) instead of overtime pay in the private sector; overtime must be paid in wages.
  
• Non-compliance results in back pay, liquidated damages (often doubling the owed amount), and civil penalties; employees can file wage claims with the South Dakota Department of Labor & Regulation.

Eligibility for Overtime in South Dakota

In South Dakota, non-exempt employees include those who work on an hourly basis or earn a salary, unless exempted by duties and salary threshold.

Exempt employees typically include “white-collar” workers (executive, administrative, professional), outside salespersons, highly compensated people, some IT professionals, seasonal amusement/recreation workers, apprentices, babysitters, and agricultural (by federal standards) workers.

Federal vs. South Dakota Overtime Rules

Check the table below to know everything about federal vs state overtime pay rules.

Exemptions in South Dakota

The following types of workers qualify under South Dakota’s overtime pay exemption categories. 

• EAPs, or executive, administrative, and professional workers, who manage departments, have the authority to hire/fire employees, draft company policies, perform support roles, or have advanced education, creative or specialized skills.
• Outside salespersons who mainly sell products/services outside an employer’s premises.
• Highly compensated employees, typically earning $115,164 or more per year
• IT professionals with a minimum pay of $27.63 per hour or a set salary
• Seasonal amusement/recreation workers, babysitters, apprentices, workers employed under special certificates due to developmental disabilities, agricultural employees, or some transportation staff.

Employer Obligations and Employee Rights

• Weekly wage payment: Employers must pay wages weekly as per the scheduled payday.
• Recordkeeping: Employers must maintain a track of hours, pay rates, wage deductions, and overtime for all employees.
• Wage protection: Ensure tipped employees earn tips plus base wages and meet or exceed the minimum pay.
• Workplace protections: Employers must adhere to OSHA requirements, anti-discrimination, and privacy.
• Benefits: Employers must offer Social Security benefits, unemployment insurance, and workers’ compensation.
• Penalties: Failure to pay overtime wages can result in back wages, fines, and civil actions, if necessary.
• Reporting: Employees can report violations to the U.S. Department of Labor Wage & Hour Division and SD Department of Labor.