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['Wage and Hour']
['Tips']
06/13/2024
State Info
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There are certain instances where employers can pay employees at a rate lower than the minimum hourly wage specified by the federal Fair Labor Standards Act. The most common instance pertains to an employee who earns tips. The employer can deduct the amount of the tips (but only up to a certain maximum amount) from the hourly wage.
Under South Dakota Codified Law §60-11-3.1, tipped employees must be paid a minimum hourly wage of $2.13. The tips combined with the employer’s cash wage must equal at least the minimum wage.
Contact
South Dakota Department of Labor Division of Labor and Management
Regulations
South Dakota Codified Law §60-11-3.1
