South Dakota

Unpaid overtime help in South Dakota

What South Dakota workers should know about overtime, and where to get help recovering unpaid wages.

South Dakota overtime rules

• Federal law requires overtime after 40 hours in a workweek. This state does not have a general daily overtime rule for most workers, though some industries can have special rules.
• The federal minimum salary for the white-collar exemptions, $684 per week ($35,568 a year), is the baseline unless state law sets a higher figure.
• Federal claims generally reach back 2 years, or 3 for willful violations, often with an equal amount in liquidated damages.

Free help

• U.S. Wage and Hour Division: call 1-866-487-9243. It's free and confidential. How filing works.
• South Dakota labor department: many states accept wage claims directly and may apply additional state protections.
• Legal aid: LawHelp.org lists free legal-aid programs by state for eligible workers.

Finding an employment lawyer in South Dakota

Look for attorneys who represent employees in wage-and-hour cases. Many offer free consultations and work on contingency because the FLSA lets winning workers recover attorney's fees. The state bar association and the National Employment Lawyers Association (NELA) offer directories. What to ask a lawyer.