SDSouth Dakota pay rules
Minimum wage $11.85, going up to $12.30 on January 1, 2027. Overtime after 40 hours in a week. If you are fired, your last check is due by the next regular payday.
South Dakota minimum wage$11.85 now, $12.30 from January 1, 2027
South Dakota overtime lawsWeekly overtime after 40 hours
South Dakota final paycheck lawFired: next regular payday
South Dakota PTO payout lawDepends on written policy
| Rule | South Dakota | Source |
|---|---|---|
| Minimum wage | $11.85 an hour since January 1, 2026. Going up to $12.30 on January 1, 2027. Statewide. Adjusted each January by formula. | read the rulechecked October 29, 2026 |
| Cash pay if you get tips | At least $5.93 an hour. Tips may make up the rest, up to $5.92. Cash wage is 50% of the minimum wage. | read the rulechecked October 29, 2026 |
| Overtime | Federal rule only: 1.5x after 40 hours in a work week. South Dakota has no state overtime law. | Federal wage law, 29 U.S.C. 207checked October 29, 2026 |
| Last check if fired | Next regular payday (the employer may hold pay until company property is returned) | SDCL 60-11-10, 60-11-14checked October 29, 2026 |
| Last check if you quit | Next regular payday | SDCL 60-11-10, 60-11-14checked October 29, 2026 |
| If the last check is late | None automatic. Claims through the Department of Labor and Regulation. | SDCL 60-11-10, 60-11-14checked October 29, 2026 |
| Unused vacation when you leave | Depends on your employer's written policy. No statute. The employer's written policy or contract governs. | read the rulechecked October 29, 2026 |
| Meal break | No state meal period requirement for adults. | read the rulechecked October 29, 2026 |
| Rest break | No state rest period requirement. | read the rulechecked October 29, 2026 |
These rules cover the whole state. Cities and industries with their own rules are noted in the table. Checked October 29, 2026. Next check: January 1, 2027.