What is employment law in South Dakota?

Employment law in South Dakota is the legal framework that governs the relationship between employers and employees in the state. It includes state statutes, federal laws, regulations, and court decisions that establish rights and obligations for both employers and workers, covering wage and hour requirements, discrimination protections, workplace safety, and other aspects of employment.

What is employee rights in South Dakota?

Right to receive at least minimum wage ($11.85/hour as of 2026) Right to overtime pay for non-exempt employees (1.5x for hours over 40/week) Protection from discrimination based on race, color, creed, religion, sex, ancestry, disability, or national origin Right to a workplace free from recognized hazards Protection from retaliation for exercising legal rights Right to file workers' compensation claims without retaliation Protection from termination for jury service Protection for certain off-duty tobacco use

How to file discrimination complaint in South Dakota?

Document the discrimination (dates, details, witnesses, evidence) Determine which agency to file with (Division of Human Rights for state law violations or EEOC for federal violations) File complaint within deadline (generally 180 days from discriminatory act) Provide requested information during investigation Participate in mediation or conciliation if offered Attend hearing or pursue legal action if necessary

What is the South Dakota minimum wage for 2026?

As of January 1, 2026: Non-tipped employees: $11.85 per hour Tipped employees: $5.925 per hour (with tips bringing total compensation to at least $11.85 per hour) South Dakota's minimum wage adjusts annually based on the Consumer Price Index. The rate is announced by October 15 each year and becomes effective January 1 of the following year.

Is South Dakota an at-will employment state?

Yes, South Dakota is an at-will employment state. This means that in the absence of an employment contract stating otherwise, either the employer or employee can terminate the employment relationship at any time, for any legal reason or no reason at all, without advance notice.

Does South Dakota require overtime pay?

South Dakota does not have a state overtime law. However, federal overtime requirements under the Fair Labor Standards Act (FLSA) apply to most South Dakota employers. Under federal law, non-exempt employees must receive overtime pay at 1.5 times their regular rate for hours worked over 40 in a workweek. There is no daily overtime requirement under federal law.

🇺🇸 South Dakota EMPLOYMENT LAW — 2026 UPDATE

South Dakota Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 20, 2026
Last Reviewed: January 20, 2026
Applicable Period: 2026
Jurisdiction: State of South Dakota, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Click any item below to jump to the relevant section

Introduction
Employment Law Framework in South Dakota
Employee Rights in South Dakota
Discrimination Laws in South Dakota
Reasonable Accommodations
Employer Obligations in South Dakota
Filing Complaints
Remote Work in South Dakota
2026 Updates and Recent Changes
Resources
Frequently Asked Questions

South Dakota Employment Law 2026

⚠️Informational only — not legal or tax advice.

Table of Contents