Labor laws in South Dakota were developed to shield workers from wrongdoing on the part of their employers. The laws guarantee that workers receive fair compensation and all benefits to which they are legally entitled. They are also intended to prevent employers from violating any state or federal laws that could harm workers.
These laws specify the rights that employees have and how they can use them. To find out your rights if you’re worried that you won’t be protected at work, get in touch with a local attorney.
In South Dakota, what does hourly employment mean?
An hourly wage employee’s compensation is typically based on the actual number of hours they work in a pay period, meaning that their gross income varies from payment to paycheck. This variation is closely correlated with the total number of hours worked throughout a given time frame.
Additionally, hourly workers typically have the right to overtime pay, which is a perk that salaried workers might not enjoy (if they are deemed exempt workers). As a result, hourly workers may receive less job perks than salaried workers due to the differences in their work patterns; these benefits may include retirement plans or health insurance.
Because hourly employment has a specific employment structure, employers usually use time tracking software to record their billable hours and ensure they are paid correctly. On the other hand, salaried workers get a set yearly salary. As a result, unlike hourly workers, their remuneration does not represent the number of hours they have worked.
Labor Laws in South Dakota
Prior to salaries beginning to catch up with the rising expense of living, the state of South Dakota relied solely on federal laws.
The table below lists South Dakota’s precise regular minimum pay, tipped minimum wage, and subminimum wage as of January 1, 2022.
The minimum wage in South Dakota
What will be the minimum wage in South Dakota on January 1, 2022?
The state law stipulates that the minimum salary is subject to adjustment whenever living expenses rise. The US Department of Labour publishes the precise figures, which are derived from the Consumer Price Index (CPI).
The state minimum wage for non-tipped employees raised to $9.95 per hour on January 1, 2022, based on latest statistics completed in 2021.
The $0.50 rise that South Dakota employees received cannot be lowered or altered.
Regular Minimum wage- $9.95
Tipped Minimum wage-$4.975
The minimum wage has some exceptions:-
The laws of South Dakota, albeit not entirely, base their minimum wage exclusions on those of the federal government.
The list of workers exempt from minimum wage rules is as follows, under the FLSA:
- Executive employees who receive a salary and make at least $684 a week,
- Administrative staff members that receive salary compensation and make at least $684 a week,
- intelligent and imaginative individuals paid on a salary basis and making at least $684 a week,
- Computer workers making at least $27.63 an hour or $684 a week,
- well-paid staff members making at least $107,432 annually,
- Employees in outside sales are exempt from minimum wage requirements.
South Dakota’s overtime regulations
Similar to numerous other US states, South Dakota is subject to federal requirements concerning overtime or compensatory time.
Put another way, employees in South Dakota are required to pay the overtime rate, which is 1.5 times the hourly rate, for each hour worked above the minimum of 40 hours per week even though there are no state regulations governing this.
As of January 1, 2022, the final regulation governing South Dakota’s overtime laws remains in force. It was implemented on January 1, 2020.
This law only applies to non-exempt workers who make at least $684 per week; nevertheless, there are numerous exceptions to the norm.
Exemptions and exceptions for overtime in South Dakota:
The Fair Labour Standards Act (FLSA) exempts from overtime employees who make a certain amount of money or work in a specific industry.
The following exclusions apply if the state in issue strictly complies with federal regulations, which South Dakota does:
- Executive workers who receive a salary and are paid at least $684 a week,
- Workers in administration who are paid a salary and make at least $684 a week,
- Highly paying workers earning over $107,432 annually,
- A wage of at least $684 per week is earned by knowledgeable and creative experts who receive compensation, by computer staff who operate on a salary basis, and by outside sales personnel.
Break Laws in South Dakota:-
There are no codified laws or legislation pertaining to break laws in the South Dakota Department of Labour and Regulations. Thus, federal regulations come into play, which once more specify that the employer is not bound to give their workers any breaks—whether it be for rest or food.
Employers are required to compensate for any rest periods that are fewer than twenty minutes, even if company policies enable such breaks.
The same applies to lunch breaks as well; unless the job description specifies otherwise, all meal breaks that are shorter than 20 minutes are compensated.
South Dakota breastfeeding laws:
- The state of South Dakota complies with numerous federal labour and breastfeeding requirements.
- Nursing moms are protected in a number of ways in professional settings under FLSA Section 7(r).
- The employer is required to supply:
- A nursing staff member should allow one year after giving birth for nursing staff members to express their milk or nurse their child each time they feel the need to do so.
- a location that lets the worker freely express milk other than the loo.
South Dakota’s statutes regarding termination;
- South Dakota is a “employment at-will” state, meaning that, aside from the same anti-discrimination regulations outlined in the hiring statutes, an employer is free to end an employee’s employment contract at any time.
- Similar to when a person quits their work, there are no requirements for why the individual must be fired.
- There are, however, a few exclusions. The majority of general exceptions are:
- strict work agreements with a defined termination date,
- An endeavour to exploit a legitimate entitlement,
- firing a worker as revenge for raising a concern about carrying out a criminal act.
- Moreover, smokers who use tobacco and/or tobacco products off the premises are protected by state law.
- There are, of course, some exceptions to this regulation, such as in places where firefighters are stationed or if the employer’s obligations are compromised by the smoking ban.