South Dakota Overtime Laws: What Employers Need to Know

South Dakota employers dealing with overtime pay need to understand how federal labor laws govern their responsibilities. Unlike some states, South Dakota does not have independent overtime regulations, which means federal rules are the sole standard. Navigating these laws effectively ensures compliance and fair pay practices.

The federal Fair Labor Standards Act (FLSA) outlines specific requirements for overtime pay eligibility and calculation. Recent updates to federal thresholds and exemptions have added new layers of complexity, especially for employers managing salaried and hourly roles. Knowing where federal law begins and ends is key to avoiding missteps.

This article breaks down the relationship between federal rules and South Dakota's approach to overtime pay. Employers will get clear, actionable information to help them manage payroll accurately and meet federal standards.

Understanding Federal vs. State Overtime Requirements

South Dakota employers must follow the FLSA because the state does not set its own overtime laws. The FLSA requires employers to pay nonexempt employees one and a half times their regular hourly rate for hours worked beyond 40 in a single workweek. Without additional state-specific regulations, federal law provides the full framework for overtime pay in South Dakota.

The FLSA's provisions include classifying employees as exempt or nonexempt based on their duties and salaries. As of 2025, the standard salary threshold for exemption is $684 per week, or $35,568 annually. Employees earning below this amount are nonexempt, meaning they qualify for overtime pay when working over 40 hours in a week. Employers must evaluate both salary and job responsibilities to determine proper classification.

Federal law also restricts the use of compensatory time, or "comp time," in the private sector. Employers cannot substitute future time off for overtime pay, ensuring employees receive direct monetary compensation for extra hours worked. This restriction reinforces fair pay practices and simplifies compliance.

Salary Thresholds and Overtime Exemptions

Federal salary thresholds determine whether employees are eligible for overtime pay or exempt from it. As of February 2025, the thresholds require employers to carefully evaluate employee pay and duties to ensure compliance.

Standard salary level: Employees earning less than $684 per week, or $35,568 annually for full-time work, are classified as nonexempt and must receive overtime pay for hours worked over 40 in a week.
Highly compensated employees (HCEs): Workers earning $107,432 or more annually may qualify for exemption if their job duties meet federal requirements.

Simply paying an employee a salary doesn't automatically make them exempt. To qualify, their job duties must also match specific criteria outlined by the FLSA.

Categories of Exempt Employees

Employees may qualify for an exemption from overtime pay if their role falls into one of the following categories:

Executive employees: These roles include managing a department or subdivision, supervising at least two full-time employees, and having influence over hiring or firing decisions.
Administrative employees: Positions in this category involve office or non-manual work directly tied to management or business operations. The role must require independent judgment and discretion on significant matters.
Professional employees: Jobs requiring advanced knowledge in fields like law, medicine, or engineering qualify under this category. The knowledge is typically gained through specialized academic training.
Computer-based roles: Positions such as systems analysts, programmers, and software engineers qualify when their duties involve specific technical functions defined by the FLSA.

Employees earning below the updated salary thresholds, even in these categories, remain eligible for overtime pay. Employers must evaluate both the duties performed and the salary paid to ensure proper classification. Misclassification can lead to compliance issues and financial penalties.

Determining Who Qualifies for Overtime

Classifying employees as exempt or nonexempt depends on more than just how they are paid. Employers must assess specific job responsibilities and how they align with federal exemption criteria. Missteps in classification can lead to costly payroll corrections and compliance issues, so careful attention to detail is required.

Exempt vs. Nonexempt: Beyond the Paycheck

While federal salary thresholds are a significant factor, the duties an employee performs ultimately determine their classification. For an employee to be exempt, their role must meet the requirements outlined by the FLSA. For example:

Executive roles: Require management of a department or team along with direct supervision of at least two full-time employees.
Administrative positions: Involve responsibilities tied to business operations and demand regular use of independent judgment on important matters.
Professional work: Applies advanced, specialized knowledge often gained through extensive education, such as in law, medicine, or engineering.
Outside sales roles: Qualify as exempt if the employee's primary duties involve making sales while working predominantly away from the employer's place of business.

Both the salary and duties must meet the FLSA standards for an exemption to apply. Simply earning a salary does not automatically exempt an employee from overtime pay.

Common Errors in Classification

One of the most frequent mistakes involves assuming that all salaried employees are exempt. This is incorrect. Even if an employee receives a salary, their duties must align with exemption criteria to avoid misclassification.

Overlooking roles like outside sales can also cause problems. These positions are often exempt due to their nature, regardless of whether the employee meets the weekly $844 salary threshold. Employers sometimes mistakenly evaluate these roles based on pay alone, ignoring the duties that qualify them for exemption.

Another misstep occurs when job duties change without a corresponding review of the employee's classification. A promotion to a supervisory role might make an employee exempt under the executive criteria, but only if they now manage a department or team. Without these responsibilities, the exemption does not apply.

To avoid errors, employers should maintain clear documentation outlining why each employee is classified as exempt or nonexempt. Regularly reviewing roles as responsibilities evolve ensures ongoing compliance and minimizes risk.

How to Calculate Overtime Correctly

Overtime pay is straightforward: employees must be paid 1.5 times their regular hourly rate for hours worked beyond 40 in a single workweek. Accuracy matters every step of the way. Missteps can lead to compliance issues and payroll disputes, so understanding the components of overtime calculations is key.

The regular hourly rate isn't always just the base wage. Nondiscretionary bonuses and commissions, such as performance incentives or sales commissions, often contribute to the final rate. For instance, if an employee earns a quarterly bonus tied to productivity, that amount must be divided across the applicable pay periods and factored into the regular rate for overtime. Skipping this step can lead to underpayment and potential penalties.

Clear and thorough recordkeeping ensures payroll calculations hold up under scrutiny. Employers should:

Track standard hours worked: Log all scheduled shifts to establish a baseline for overtime calculations.
Document bonus and commission details: Record amounts, eligibility criteria, and how they apply to weekly pay.
Note unexpected schedule changes: Include any additional hours worked outside of regular shifts to avoid errors.

Consistency in tracking pay elements reduces errors and keeps payroll compliant.

Handling Inconvenience Pay

South Dakota law guarantees inconvenience pay for non-salaried employees called back to work unexpectedly after leaving their job site. Employers must provide a minimum of three hours' pay, even if the actual time worked is less. This ensures employees are compensated fairly for their time and disruption.

Inconvenience pay doesn't automatically count toward overtime unless weekly hours exceed 40. For example, if an employee works 38 scheduled hours and earns three hours of inconvenience pay, only one hour counts as overtime. Employers should log inconvenience pay separately to maintain clarity in payroll records and verify compliance with federal overtime rules.

Policies on Hours Worked vs. Leave and Breaks

South Dakota does not require employers to provide meal or rest breaks. When breaks are offered, federal rules under the Fair Labor Standards Act (FLSA) apply. Short breaks lasting 20 minutes or less must be paid, while unpaid meal breaks of 30 minutes or more are allowed if employees are completely relieved of work duties.

Non-Working Time and Overtime

Hours not spent actively working, such as vacation, holidays, or sick leave, do not count toward the 40-hour threshold for overtime. Employers must focus solely on hours physically worked when calculating overtime eligibility. For example, if an employee works 38 hours and takes 8 hours of paid holiday leave in the same week, overtime pay is not required because only 38 hours were worked.

It is equally important to track other types of non-working time, such as military leave or court leave, separately from hours worked. Misclassifying leave as work time can lead to payroll errors and compliance issues.

Tracking Hours Worked

Accurate tracking ensures employees are paid correctly for all time worked, including unscheduled tasks and remote work. Work performed outside of regular shifts, such as responding to emails after hours or finishing tasks at home, must be recorded and compensated.

To maintain clear records:

Use time-tracking systems to capture both scheduled and off-the-clock work.
Require employees to promptly report all hours worked, including unexpected tasks.
Regularly review time logs to identify discrepancies or missed entries.

Clear communication about expectations for reporting work hours helps prevent underpayment and keeps payroll compliant with federal regulations.

Penalties for Non-Compliance

Non-compliance with overtime laws in South Dakota often results in significant financial and legal consequences for employers. Ignoring federal standards or misclassifying employees isn't just risky—it's expensive.

Liability for Back Pay and Liquidated Damages

Employers who fail to pay the required overtime can be held responsible for unpaid wages owed to employees. When violations are deemed willful, the penalties increase sharply. Liquidated damages, which frequently match the amount of unpaid wages, can double the financial burden.

For example, if an employee is owed $3,000 in overtime wages, liquidated damages could bring the total owed to $6,000. This doesn't include additional legal costs or penalties that may follow. The financial impact grows quickly with multiple employees or prolonged violations.

Employees' Right to File Wage Claims

Employees have clear steps to address unpaid overtime. They can file a formal wage claim with either the South Dakota Department of Labor & Regulation (SDDL) or the U.S. Department of Labor (DOL). These agencies are responsible for investigating wage disputes and enforcing compliance with federal rules.

Once a claim is filed, agencies review payroll records, time logs, and other documentation. If violations are confirmed, employers must pay owed wages and damages, often along with other penalties. Failing to cooperate or resolve issues promptly can escalate the situation further.

Why Compliance Costs Less

Meeting wage and hour requirements is always more affordable than the fallout of non-compliance. Fines, back pay, legal fees, and operational disruptions can cost significantly more than simply adhering to federal guidelines.

Employers who invest in accurate recordkeeping, clear employee classifications, and regular audits reduce the risk of errors. These efforts not only ensure compliance but also foster trust and fairness with employees. A proactive approach helps avoid costly claims and protects the business from unnecessary financial strain.

Practical Tips for Employers

Clear planning and structured processes can make overtime compliance and management straightforward. Employers who establish clear policies, optimize scheduling, and implement reliable systems for tracking hours can reduce errors, control costs, and maintain compliance without unnecessary stress.

Establish Clear Overtime Policies

Employees need clear rules to follow when it comes to overtime. A written policy, distributed to all staff, provides clarity and ensures consistency across teams.

Outline eligibility: Specify which positions qualify for overtime pay and include examples of nonexempt roles.
Detail approval requirements: Explain if and when employees need permission to work beyond 40 hours in a week, and describe how to obtain that approval.
Address off-the-clock work: Require employees to report all hours worked, including tasks completed remotely or outside of regular shifts.

Share the policy during onboarding and provide regular updates to ensure all employees understand their responsibilities. Managers should also receive training to enforce policies fairly and consistently.

Optimize Scheduling to Reduce Overtime Costs

Unplanned overtime can strain budgets. Thoughtful scheduling helps prevent unnecessary extra hours while ensuring adequate coverage.

Plan schedules in advance: Create weekly schedules that align with anticipated workloads. Adjust for known busy periods or upcoming deadlines.
Balance hours across employees: Rotate tasks and shifts to prevent one person from consistently working overtime.
Prepare for peak demands: For seasonal or project-based spikes, bring in temporary staff or stagger shifts to avoid overburdening full-time employees.

Carefully monitoring schedules helps prevent overtime surprises and ensures employees feel supported without being overworked.

Automate Time Tracking and Payroll

Manual processes can lead to payroll mistakes, incomplete records, and compliance risks. Automating time tracking and payroll ensures accuracy and reduces the administrative burden.

Automated systems record hours worked, calculate overtime pay, and factor in bonuses or commissions when required. They also generate detailed reports to simplify audits and wage claims. Employers save time and gain confidence knowing records are accurate and up-to-date.

While automation doesn't replace the need for oversight, it ensures compliance calculations are reliable and leaves less room for human error.

Navigating overtime laws in South Dakota requires careful attention to federal standards and a commitment to accurate, compliant payroll practices. By understanding the nuances of the FLSA, optimizing scheduling, and automating time tracking, you can minimize compliance risks and ensure your employees are paid fairly. If you're looking for a comprehensive solution to streamline your HR processes and maintain compliance, book a demo with GoCo today and discover how we can help you manage your workforce with confidence.