...
Summary of differences between federal and state regulations
The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA). Many states also have minimum wage laws. In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.
The South Dakota minimum wage increases annually on January 1.
Effective January 1, 2025, the minimum wage for South Dakota employees is $11.50 per hour ($5.75 per hour for tipped employees).
Effective January 1, 2024 the minimum wage for South Dakota employees is $11.20 per hour ($5.60 for tipped employees).
Effective January 1, 2023, the minimum wage for South Dakota employees is $10.80 per hour ($5.40 for tipped employees). .
The minimum wage requirements do not apply to employees employed by an amusement or recreational establishment, an organized camp, or a religious or nonprofit educational conference center if one of the following apply:
- The establishment, camp, or center does not operate for more than seven months in any calendar year; or
- During the preceding calendar year, the average receipts of the establishment, camp, or center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year.
State
Contact
South Dakota Department of Labor Division of Labor and Management
Regulations
South Dakota Codified Laws; Chapter 60-11 - Wages, Hours and Conditions of Employment
60-11-3. Minimum wage—Misdemeanor—Certain employees excluded. Every employer shall pay to each employee wages at a rate of not less than five dollars and fifteen cents an hour. Violation of this section is a Class 2 misdemeanor.
Federal
Contact
The Department of Labor is the federal agency that monitors hours worked.
Regulations
U.S. labor regulations for minimum wage can be found in CFR 29 Part 531 and FLSA.