South Dakota Codified Laws
Chapter 11 - Wages, Hours And Conditions Of Employment
Section 60-11-3 - Minimum wage--Misdemeanor--Certain employees excluded.

60-11-3. Minimum wage--Misdemeanor--Certain employees excluded.
Every employer shall pay to each employee wages at a rate of not less than eight dollars and fifty cents an hour. Violation of this section is a Class 2 misdemeanor. The provisions of this section do not apply to certain employees being paid an opportunity wage pursuant to §60-11-4.1, babysitters, or outside salespersons. The provisions of this section also do not apply to employees employed by an amusement or recreational establishment, an organized camp, or a religious or nonprofit educational conference center if one of the following apply:
(1)The establishment, camp, or center does not operate for more than seven months in any calendar year; or
(2)During the preceding calendar year, the average receipts of the establishment, camp, or center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year.

Source: SDC 1939, §§17.0607, 17.9901; SL 1943, ch 76; SL 1945, ch 77; SL 1964, ch 67; SL 1966, ch 64, §5; SDCL §60-11-6; SL 1969, ch 85; SL 1973, ch 302; SL 1975, ch 316; SL 1978, ch 359, §2; SL 1978, ch 367, §1; SL 1982, ch 368, §1; SL 1988, ch 411; SL 1990, ch 413, §§1, 3; SL 1997, ch 298, §§1, 2; SL 1999, ch 260, §1; SL 2007, ch 297, §1, eff. July 24, 2007; SL 2007, ch 297, §2, eff. July 24, 2008; SL 2007, ch 297, §3, eff. July 24, 2009; SL 2011, ch 224, §1, eff. Mar. 17, 2011; SL 2015, ch 279 (Initiated Measure 18), §1, eff. Jan. 1, 2015; SL 2015, ch 261, §1, rejected Nov. 8, 2016.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 60 - Labor and Employment

Chapter 11 - Wages, Hours And Conditions Of Employment

Section 60-11-1 - Manufacturing or mechanical occupations--Hours of labor.

Section 60-11-2 - Requiring employee to pay cost of medical examination prohibited--Misdemeanor--Employer and employee defined.

Section 60-11-3 - Minimum wage--Misdemeanor--Certain employees excluded.

Section 60-11-3.1 - Minimum wage for tipped employees--Tips credited toward minimum wage--Certain persons excluded.

Section 60-11-3.2 - Annual minimum wage adjustment.

Section 60-11-4 - Minimum wage--Agreement to work for less ineffective.

Section 60-11-4.1 - Opportunity wage allowed.

Section 60-11-5 - Exemptions from minimum wage provisions.

Section 60-11-7 - Liability of employer for double damages for breach of obligation to pay wages.

Section 60-11-8 - Employers subject to wage payment requirements.

Section 60-11-9 - Monthly wage payments required--Agreed pay day--Form of payment.

Section 60-11-10 - Prompt payment of wages due on separation by employer--Withholding for return of employer's property.

Section 60-11-11 - Payment on regular pay day after resignation by employee--Withholding for return of employer's property.

Section 60-11-12 - Payment on regular pay day during labor dispute--Return of deposit for faithful performance.

Section 60-11-13 - Payment of conceded wages when amount in dispute--Acceptance not a release of balance.

Section 60-11-14 - Provisions applicable to cash wages only.

Section 60-11-15 - Employer's intentional refusal to pay wages--Misdemeanor.

Section 60-11-16 - Fraudulent claim by employee--Misdemeanor.

Section 60-11-17 - Department to investigate and prosecute violations--Hearings--Access to employer's records.

Section 60-11-17.1 - Reprisals because of wage complaints or proceedings prohibited.

Section 60-11-18 - Department may take assignment of employees' claims-- Prosecution--Joinder of actions.

Section 60-11-19 - Assignment of employees' claims in trust to department--Prosecution--Settlement and adjustment.

Section 60-11-20 - Promulgation of rules.

Section 60-11-21 - Reciprocal agreements with other states for enforcement of wage claims.

Section 60-11-22 - Maintenance of actions outside state by department--Assignment to other state for collection.

Section 60-11-23 - Actions in South Dakota on claims arising in other states--Reciprocation required.

Section 60-11-24 - Action removed by defendant--Plaintiff's costs and attorney fees.