South Dakota Minimum Wage for 2022, 2023
Contents :: South Dakota Minimum Wage
South Dakota's state minimum wage rate is $10.80 per hour. This is greater than the Federal Minimum Wage of $7.25. You are entitled to be paid the higher state minimum wage. The minimum wage applies to most employees in South Dakota, with limited exceptions including tipped employees, some student workers, and other exempt occupations.†
The South Dakota minimum wage was last changed in 2008, when it was raised $4.25 from $6.55 to $10.80. South Dakota's minimum wage rate is linked to a Consumer Price Index, which is intended to raise the rate along with inflation. The current minimum wage rate is re-evaluated yearly based on these values.
South Dakota's current minimum wage is $10.80 per hour. The tipped wage is $5.40 Tipped employees can be paid no less than 50% of the prevailing minimum wage. South Dakota's non-tipped minimum wage will be adjusted on an annual basis, increasing at the same rate as the cost of living as measured in the Consumer Price Index published by the U.S. Department of Labor. The amount of the increase will be rounded up to the nearest 5 cents. The minimum wage cannot decrease.
Exemptions South Dakota state minimum requirements apply to all employees; however, no minimum wage requirements apply to independent contractors. Seasonal amusement or recreation establishments, babysitters or outside salespersons are also exempt. South Dakota also has a Training wage and exceptions for apprentices and individuals with a developmental disability. South Dakota allows for payment of an opportunity wage, which is sometimes referred to as a training wage. The opportunity wage is defined under the Fair Labor Standards Act (FLSA). Pursuant to the FLSA, employers may pay newly hired employees under the age of 20 years old no less than $4.25 an hour during the first 90 consecutive calendar days after that person is first employed. Employers may not displace employees for the purpose of hiring individuals at the opportunity wage.
South Dakota employers may not pay you under $10.80 per hour unless you or your occupation are specifically exempt from the minimum wage under state or federal law.
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All South Dakota employers must display an approved South Dakota minimum wage poster in a prominent place to inform employees about the minimum wage and their worker's rights under South Dakota labor law.
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South Dakota Minimum Wage & Labor Law Posters
The Fair Labor Standards Act (FLSA) and South Dakota labor law requires all employers in South Dakota to visibly display an approved South Dakota minimum wage poster, and other South Dakota and federal labor law posters, to ensure that all employees are aware of federal and South Dakota labor law and overtime regulations. Failure to display a South Dakota labor law poster in the workplace can result in severe fines.
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The South Dakota minimum wage poster, and additional required South Dakota labor law posters, are also available on the South Dakota labor law posters download page.
South Dakota Overtime Minimum Wage
All workers who put in over 40 weekly hours are entitled to a minimum wage of at least 1.5 times the regular applicable minimum wage (learn more about South Dakota overtime pay). Some states require workers who work over a certain number of daily hours to be eligible for this overtime rate as well (South Dakota law does not specify a daily overtime limit).
The FLSA guarantees all SD employees adequate overtime compensation for all qualifying overtime hours worked. If your employer does not pay adequate overtime wages, you can file an unpaid overtime claim with the South Dakota Department of Labor.
South Dakota Minimum Wage Exemptions
In addition to any South Dakota-specific minimum wage exemptions described above, the Federal Fair Labor Standards act defines special minimum wage rates applicable to certain types of workers. You may be paid under the South Dakota minimum wage if you fit into one of the following categories:
- South Dakota Under 20 Minimum Wage - $4.25 - Federal law allows any employer in South Dakota to pay a new employee who is under 20 years of age a training wage of $4.25 per hour for the first 90 days of employment.
- South Dakota Student Minimum Wage - $9.18 - Full-time high school or college students who work part-time may be paid 85% of the South Dakota minimum wage (as little as $9.18 per hour) for up to 20 hours of work per week at certain employers (such as work-study programs at universities).
- South Dakota Tipped Minimum Wage - See Here - Employees who earn a certain amount of tips every month may be paid a lower cash minimum wage, but must earn at least $10.80 including tips every hour. For more details, read about the South Dakota tipped minimum wage.
Frequently Asked Questions - South Dakota Minimum Wage & Labor Law
- What is the South Dakota minimum wage?
The current South Dakota minimum wage of $10.80 per hour is the lowest amount a non-exempt employee in South Dakota can legally be paid for hourly work. Special minimum wage rates, such as the "South Dakota waitress minimum wage" for tipped employees, may apply to certain workers.
- How much will I earn working a minimum wage jobin South Dakota?
A full time minimum wage worker in South Dakota working 40 hours a week, 52 weeks a year, will earn $86.40 per day, $432.00 per week, and $22,464.00 per year1. The national poverty line for a family unit consisting of two people is $16,020.00 per year.
- What is the South Dakota under 18 minimum wage?
South Dakota employers may pay 18 year olds and minors the youth minimum wage of $4.25 for the first 90 days of employment. Other labor law exemptions for minors in South Dakota may exist.
- I still can't find the answer to my question about the South Dakota minimum wage!
If you have read the FAQ and still cannot find the information you need, please contact us with your question.
1 These earnings estimates do not account for the South Dakota income tax , federal income tax, or local/municipal income taxes.
2 Poverty line for a family of two in the lower 48 published 2016 by the U.S. Department of Health & Human Services
Labor Law Footnotes, Sources & Citations:
- The weekly earnings estimate of $432.00 is based on a standard 40-hour workweek
- The yearly earnings estimate of $22,464.00 is based on 52 standard 40-hour work weeks. Since most hourly employees don't work full time and/or take time off, actual yearly earnings will likely be lower.