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The Mandate Monitor

What employers in South Dakota must do

Checked November 8, 2026From the agencies that run each program

Short answer

Employers in South Dakota must pay at least $11.85 an hour, rising to $12.30 on January 1, 2027.

South Dakota has no state paid family and medical leave insurance program.

The next dated change in South Dakota is January 1, 2027: South Dakota minimum wage rises to $12.30.

Running payroll in South Dakota? See the do-it-yourself route and list prices for the 8 payroll systems that say they file payroll taxes.

South Dakota requirements at a glance

RequirementStatusWhat it means for you
Minimum wageIn effect$11.85 an hour; $12.30 from January 1, 2027

Pay rules South Dakota employers must follow

Paydays
At least once a month, or on regular paydays the employer sets in advance.
Final paycheck, fired
By the next regular payday (or when the employee returns company property, if later).
Final paycheck, quit
By the next regular payday (or when the employee returns company property, if later).
Meal breaks
No state requirement for adults.
Rest breaks
No state requirement for adults.
Overtime
Follows the federal Fair Labor Standards Act (FLSA) rule: time and a half after 40 hours in a workweek. No separate state overtime rule.
New hire reporting
Within 20 days of the first day of work, to the South Dakota New Hire Reporting Center (Department of Labor and Regulation)

From the South Dakota Department of Labor and Regulation and the U.S. Department of Labor’s state tables, checked November 8, 2026.

Upcoming South Dakota deadlines

  1. · Minimum wage

    South Dakota minimum wage rises to $12.30

    Tipped cash wage: $6.15

Deadline calendar for every state · How to hire your first employee · Employer law changes for 2027 · All states

Sources

  1. South Dakota Department of Labor and Regulation
  2. State Payday Requirements (last revised January 1, 2023), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
  3. Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (last revised January 1, 2023), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
  4. Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (last revised January 1, 2023), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
  5. State Minimum Wage Laws, including premium (overtime) pay after designated hours (updated November 5, 2026), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
  6. What You Need to Know About South Dakota Employment Laws (rev. 01/2026), South Dakota Department of Labor and Regulation (read Nov 7, 2026)
  7. SDCL 60-11-9, Payment of wages, South Dakota Legislature (read Nov 8, 2026)
  8. New Hire Reporting Requirements, South Dakota Department of Labor and Regulation (read Nov 7, 2026)
  9. Employment laws: work breaks, South Dakota Department of Labor and Regulation (read Nov 8, 2026)
  10. Employment laws: comp time and overtime, South Dakota Department of Labor and Regulation (read Nov 8, 2026)