The South Dakota overtime rule this calculator models
South Dakota has no independent private-sector daily overtime rule; the verified state source points workers to the federal FLSA weekly-40 overtime rule, and this calculator uses that weekly threshold. The calculator pays straight time for all entered hours, then adds the overtime premium only for hours above the verified threshold. That structure prevents stacking two overtime premiums on the same hour.
Basic formula
Worked example
One weekly-overtime week
What this does not determine
- Whether the worker is exempt from state or federal overtime.
- Whether the employer is covered by the state rule, the federal FLSA, or both.
- Whether bonuses, commissions, multiple rates, or tip credits require a different regular-rate analysis.
- Whether public-sector, agricultural, retail, seasonal, collective-bargaining, or industry-specific exceptions apply.
- Whether a wage claim is timely or which agency process a worker should choose.
State-specific source notes
- Statute/source anchor: SDCL Chapter 60-11 and state DLR guidance deferring overtime to FLSA.
- Agency and wage-claim process: South Dakota Department of Labor and Regulation. GAP — the verified source establishes the minimum-wage and overtime baseline, but no wage-claim filing deadline was extracted.
- Neighbor contrast: Minnesota has a separate state overtime threshold for state-only coverage; South Dakota uses the federal weekly rule with no independent state overtime rule.
Sources and verification
The threshold, multiplier, and source link are read from src/data/states.json. Values marked unverified render no calculator. The calculation was checked with a Node test for South Dakota covering no overtime, overtime above the weekly threshold, additional includable pay, nonnegative inputs, and visible DOM output. Primary source: South Dakota overtime source.
South Dakota overtime law: FLSA-only state with a CPI-indexed minimum wage
South Dakota has no independent state overtime statute. All overtime rights come from 29 U.S.C. § 207. South Dakota's minimum wage is governed by SDCL Chapter 60-11, which sets a CPI-indexed rate — $11.85 per hour effective January 1, 2026 — with a distinctive feature: the tipped minimum is exactly 50% of the non-tipped rate by statute, meaning both rates adjust together automatically every January 1. Tipped workers in South Dakota earn $5.925/hr direct wage.
The South Dakota Department of Labor and Regulation (dlr.sd.gov) enforces South Dakota's wage laws including the minimum wage. For overtime disputes at FLSA-covered employers, the U.S. DOL Wage and Hour Division is the enforcement route. South Dakota has no state-law overtime claim mechanism beyond the FLSA.
South Dakota's annual minimum wage adjustment is announced by October 15 and takes effect the following January 1. The rate cannot decrease. South Dakota's single-rate, one-size-fits-all approach means there are no local wage tiers, no employer-size tiers, and no industry tiers to navigate for minimum wage — which simplifies overtime regular-rate calculations for most workers.
How does South Dakota compare to its neighbors? Minnesota, to the east, has Minn. Stat. § 177.25, which creates a 48-hour weekly overtime threshold for non-FLSA employers. Nebraska, to the south, reached $15.00/hr minimum wage through a voter initiative. Wyoming, to the west, has a sub-federal $5.15 state minimum wage and no state overtime statute. North Dakota, to the north, also defers to FLSA for overtime. South Dakota's $11.85 CPI-indexed minimum wage places it above Wyoming and North Dakota but below Nebraska's $15.00.