Overtime Pay in South Dakota
State-specific overview · Employment Law
South Dakota follows federal overtime rules with no state-specific premium pay requirement beyond the FLSA.
How South Dakota treats Overtime Pay
South Dakota has not enacted its own overtime law and defers entirely to the Fair Labor Standards Act (FLSA), which requires overtime pay at 1.5 times the regular rate for hours over 40 per week. Employers must comply with federal minimums but are not required to provide additional state-level overtime protections. Agricultural workers and certain other exemptions follow federal guidelines.
The general definition of Overtime Pay
Compensation at an increased rate for hours worked beyond the standard workweek, typically 1.5 times the regular wage.
Overtime pay is extra compensation that employers must provide when employees work more than a certain number of hours per week, usually 40 hours. Under federal law, overtime must be paid at one and a half times the employee's regular hourly rate (called "time and a half"). Some states require overtime for hours over 8 in a single day or for the seventh consecutive day worked. Certain employees, like managers and salaried professionals, may be exempt from overtime requirements. Employers who fail to pay overtime owe back wages plus penalties.
Read the full Overtime Pay entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Dakota.