South Dakota labor laws for hourly staff: minimum wage, breaks and minors
South Dakota's basic minimum wage is $11.85 per hour, as listed by the US Department of Labor (updated November 5, 2026). The DOL meal-period table (revised January 1, 2023) does not list a meal-period requirement for South Dakota, and its rest-period table does not list a paid rest-period requirement (the DOL notes: states not listed do not require paid rest periods).
South Dakota labor rules at a glance
| Topic | What the US DOL table says for South Dakota | Source date |
|---|---|---|
| Minimum wage | Basic Minimum Rate (per hour): $11.85 | November 5, 2026 |
| Overtime / premium pay | No premium-pay line in the state entry (federal FLSA: 1.5× after 40 hours a week for non-exempt employees) | November 5, 2026 |
| Meal break (adults) | Not listed | January 1, 2023 |
| Paid rest break (adults) | Not listed; DOL: states not listed do not require paid rest periods | January 1, 2023 |
| Minors under 16: max hours | 8-40 non-school day/week 4-20 school day/week | July 15, 2025 |
| Minors 16–17: max hours | Blank on the DOL table | July 15, 2025 |
| Night work, under 16 | After 10 p.m. before school day | July 15, 2025 |
| Night work, 16–17 | Blank on the DOL table | July 15, 2025 |
Minimum wage in South Dakota
Basic Minimum Rate (per hour): $11.85
The minimum wage is adjusted annually based on a set formula.
DOL footnote 1: The overtime premium rate is one and one-half times the employee's regular rate, unless otherwise specified.
The DOL notes that some local governments set minimum wages higher than the state rate, and that subminimum or training rates are not shown in its table.
Meal breaks in South Dakota
South Dakota is not listed in the DOL table of state meal-period requirements for adult private-sector employees (revised January 1, 2023). The US DOL states: "Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the workweek and considered in determining if overtime was worked."
Rest breaks in South Dakota
South Dakota is not listed in the DOL table of paid rest-period requirements (revised January 1, 2023). The DOL table states: "States not listed do not require paid rest periods."
Scheduling minors in South Dakota
Hours notation is the DOL's: daily-weekly-days per week (for example 8-40-6). Where state law is less restrictive than federal law, federal law applies; where it is more restrictive, state law applies (29 U.S.C. 218(a), as quoted by the DOL).
| Age | Maximum hours | Night work prohibited |
|---|---|---|
| Under 16 | 8-40 non-school day/week 4-20 school day/week | After 10 p.m. before school day |
| 16 and 17 | Blank on the DOL table | Blank on the DOL table |
DOL table footnotes: (a) State hours limitations on a school day and in a school week usually apply only to those enrolled in school. (b) Students of 14 and 15 enrolled in approved Work Experience and Career Exploration programs may work during school hours up to 3 hours on a school day and 23 hours in a school week. (c) Combined hours of work and school.
A blank cell is blank on the DOL table. The federal (FLSA) row of the same DOL table, for minors under 16: 3 hours on a school day and 18 in a school week, 8 hours on a non-school day and 40 in a non-school week, and no work from 7 p.m. (9 p.m. June 1 through Labor Day) to 7 a.m.
Tools: overtime calculator · labor cost calculator · all states
This is general information, not legal advice. Check your state labor department for current rules.
Questions
What is the minimum wage in South Dakota?
The US DOL lists South Dakota's basic minimum rate as $11.85 per hour (updated November 5, 2026). Some cities and counties set higher local rates.
Does South Dakota require meal breaks for adults?
South Dakota is not listed in the DOL table of state meal-period requirements (revised January 1, 2023), and federal law does not require lunch or coffee breaks (US DOL).
Does South Dakota require paid rest breaks?
No. South Dakota is not in the DOL paid rest-period table, which states that states not listed do not require paid rest periods.
Sources
- US DOL, Overtime Pay (checked 2026-11-12)
- State Minimum Wage Laws (US DOL) (checked 2026-11-12)
- Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector 1 (US DOL) (checked 2026-11-12)
- Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (US DOL) (checked 2026-11-12)
- Selected State Child Labor Standards Affecting Minors Under 18 in Non-farm Employment as of July 15, 2025 (US DOL) (checked 2026-11-12)
- US DOL, Breaks and Meal Periods (checked 2026-11-12)