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Summary of differences between federal and state regulations
The South Dakota Department of Labor, Division of Labor and Management administers the child labor laws.
Work age
Youths must be:
- No age specified for non-hazardous work outside of school hours
- 14 for jobs involving gasoline dispensing and non-hazardous employment while school is in session
- 16 for jobs involving hazardous work
- All youth must be provided with a place to sit in the area where they work.
Work hours
Youths under age 14 may work:
8 hours/day, 40 hours/week, not after 7 pm (4 hours/day, 20 hours/week when school is in session)
Youths under age 16 may work:
8 hours/day, 40 hours/week, not after 10 pm on any day that precedes a school day (4 hours/day, 20 hours/week when school is in session)
*These work hours do not apply to roguing or detasselling hybrid seed corn on any non-school day or week or to emancipated children.
South Dakota has no work hour restrictions for youth 16 and older.
Permits
Employers are required to keep a list of employees under age 16. Truck drivers under age 16 must have a special employment permit.
State
Contact
South Dakota Department of Labor, Division of Labor and Management
Regulations
South Dakota rules on child labor can be found in Title 60, Chapter 60-12 of the South Dakota Codified Laws.
Federal
Contact
The Department of Labor is the sole federal agency that monitors child labor and enforces child labor laws. Enforcement of the Fair Labor Standard Act's child labor provisions is handled by the Wage and Hour Division of the Department’s Employment Standards Administration.
Regulations
U.S. child labor regulations can be found in CFR 29:
Part 570 Child Labor Regulations, Orders and Statements of Interpretation
Part 575 Waiver of Child Labor Provisions for Agricultural Employment of 10 and 11 Year Old Minors In Hand Harvesting of Short Season Crops
Part 579 Child Labor Violations – Civil Money Penalties
