The rule in South Dakota
In South Dakota, hours over 40 in a workweek are paid at 1.5 times your regular rate. There is no general daily limit, so a 12-hour day inside a 36-hour week earns no overtime.
The US Department of Labor's state table adds: “No state overtime provision listed. FLSA governs.”
What counts toward your regular rate
Overtime is 1.5 times your regular rate of pay: everything you earned for the week at straight time, divided by every hour you worked.
Counts
- Your hourly pay for every hour worked, at each rate you worked
- Non-discretionary bonuses — attendance, production, safety, or any bonus promised in advance
- Commissions
- Shift differentials for nights, weekends or hazardous work
Does not count
- Discretionary bonuses and gifts, where both the fact and the amount were up to the employer
- Expense reimbursements
- Pay for time not worked: vacation, holidays, sick days
A worked example
Common mistakes employers make in South Dakota
- Reading the eight-hour day in state law as daily overtime. That rule only sets a default day for manufacturing and mechanical work, can be changed by agreement, and carries no premium pay.
- Holding a final paycheck after employer property has come back. South Dakota lets the pay wait only until the property is returned; after that the wages are due.
- Expecting the state to collect the whole claim. South Dakota's labor department can take an assignment of a wage claim only up to $500, so larger amounts go to court.
Other South Dakota pay rules worth knowing
- Final paycheck if fired: By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go.
- Unused PTO: South Dakota has no law requiring paid leave. Whether unused vacation is paid out, or withheld because you quit without notice, depends on the agreement with your employer.
- Late final pay: If a private employer was oppressive, fraudulent or malicious in refusing to pay, a court doubles the wages owed (SDCL 60-11-7). Intentionally refusing to pay wages on demand is also a Class 2 misdemeanor.
South Dakota final paycheck law and deadline calculator →
South Dakota overtime: common questions
Does my employer have to pay overtime if they didn't approve it?
Yes. Time your employer knew you were working, or allowed you to work, counts as hours worked, whether or not anyone approved it in advance. An employer can discipline you for breaking an overtime policy, but it still has to pay overtime for those hours — in South Dakota as everywhere else under federal law.
Does my bonus change my overtime rate?
Yes, if the bonus is non-discretionary — promised for attendance, production, safety or hitting a target. It is added to your straight-time pay and divided by all the hours you worked, and your overtime is 1.5 times that higher rate. Discretionary gifts, expense reimbursements and paid time off are left out.
Does South Dakota have its own overtime law?
No. South Dakota has no state overtime provision, so the federal Fair Labor Standards Act sets the rule: time and a half after 40 hours in a workweek, with no daily limit. The federal law covers most employers — any business with $500,000 or more in annual sales, plus hospitals, schools and government agencies.
What is a workweek, and can my employer change it?
A workweek is a fixed, recurring block of seven consecutive 24-hour days, and it can start on any day and at any hour. Overtime is counted per workweek, never averaged across two, even when you are paid every two weeks. Your employer can change the start day, but only permanently and not to avoid paying overtime.
If you think you were underpaid
- Keep your own record of the hours you worked — the time card calculator totals them and exports a CSV — plus photos of the posted schedule and messages about shifts.
- Ask your employer in writing to correct the pay. Email beats a conversation because it creates a dated record.
- File a wage claim — File a Claim of Unpaid Wages with the South Dakota Department of Labor and Regulation, Division of Labor and Management. It is free, and you do not need a lawyer.
- Federal overtime claims must generally be brought within 2 years of the underpayment, or 3 years if the violation was willful.
Spotted something wrong? Report an error.
Other states that also follow the 40-hour weekly rule with nothing added: Delaware, District of Columbia and Illinois.
Work across a state line? Minnesota overtime rules and Montana overtime rules.