South Dakota:

South Dakota Child Labor Laws South Dakota Child Labor Laws 2024

Child labor laws on South Dakota and <a href="/federal/child-labor-laws">Federal</a> levels exist to prevent the exploitation of minors for labor, and ensure that education is prioritized over work. Limitations on child labor vary by age, and may include restrictions on the types of work that can be done, maximum hours that may be worked, and limitations on late or overnight work.

Regulation of child labor may include the use of Employment Certificates issued by the minor's school or the state Labor Department, and/or an Age Certification document that verifies the minor's age for work purposes. This page details South Dakota's child labor law regulations.

Mandatory Employment & Age Certification for Minors

Employment Certificates in South Dakota

Employment Certificates, also known as Work Permits, are not required in order for minors to work under South Dakota law. Employers are still responsible for ensuring that they comply with all South Dakota child labor restrictions and regulations.

Age Certification in South Dakota

While some states require working minors to provide their employers with an age certification document, this is not required for minors who wish to work in South Dakota. Employers are expected to identify minors whom they employ and ensure that their employment is in compliance with all Federal and state child labor restrictions.

Minor Working Hour Restrictions in South Dakota

Minors who are authorized to work in South Dakota are subject to restrictions on when they can work, and how many hours they can work. The exact restrictions in effect depend on the age of the minor, and are designed to ensure that work does not interfere with the minor's schooling.

Maximum Hours of Work for Minors

Working hour restrictions limit how many hours a minor may work per day, and per week.

For Minors Under 16:

8 hours of work per day, 40 hours per week are permitted when school is off. During a school week, 4 hours of work are permitted per day and up to 20 hours per week.

For Minors Ages 16 and 17:

South Dakota has no restrictions on maximum working hours for minors aged 16 and 17.

Nightwork Restrictions for Minors

Nightwork restrictions set limits on how late a minor can legally work.

For Minors Under 16:

Work is prohibited during these hours: After 10 p.m. before school day

For Minors Ages 16 and 17:

South Dakota has no restrictions on nightwork for minors aged 16 and 17.

Special Child Labor Laws in South Dakota

In addition to laws requiring work certificates or age verification for general employment of minors, most states have special regulations governing the employment of minors in agriculture (such as farm work and harvesting), and the entertainment industry (including child actors, models, and performers).

To learn about these special child labor laws in South Dakota, see the following pages.

On a Federal level, child labor is regulated under the Fair Labor Standards Act (FLSA). Minors and students may additionally be subject to special labor law regulations regarding minimum wage, meal and break periods while working, and more.

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