South Dakota Break Laws

March 2nd 2024

In South Dakota, employers are not required to provide break entitlements to employees. Despite the lack of state laws concerning breaks, federal law safeguards employees. 

Understanding state-specific regulations can be complex. Hence, this article aims to provide a comprehensive discussion about South Dakota’s break laws.

This article covers:

Rest Breaks in South Dakota

In South Dakota, employers are not required to provide rest periods to employees. However, several employers in South Dakota offer a 10-minute rest period for every four hours worked. Rest periods are short breaks during work shifts that employees can take to use for restroom breaks or coffee breaks.

If employers provide rest breaks for employees, the time spent on breaks that is less than 20 minutes is considered worked hours and must be paid.

Meal Breaks in South Dakota

South Dakota state law does not require employers to provide meal breaks. However, if employers include meal breaks in their custom or company policy, the breaks must be at least 30 minutes. 

During the meal period, employees must be uninterrupted, completely relieved of their duties, and free to leave the company’s premises. However, if an employee is required to work during their meal break, they must be paid for the time worked.

Breastfeeding Breaks in South Dakota

South Dakota has state legislation that safeguards mothers breastfeeding in public. However, no state law protects or supports breastfeeding mothers in the workplace. In this case, the federal FLSA’s PUMP for Nursing Mothers Act safeguards all breastfeeding employees in South Dakota.

Under this federal mandate, nursing mothers in South Dakota are entitled to:

  • A reasonable break period each time nursing employees need to express breast milk or breastfeed their child.
  • Take breastfeeding breaks up to one year after childbirth.
  • A place other than a bathroom or toilet stall that allows employees to express milk freely.

However, if the employer has 50 employees or less, they can file a request to avoid being subjected to the provisions of breastfeeding breaks. Common reasons for employers are usually related to:

  • Financial losses,
  • Undue hardships, and
  • Decreased productivity.

Break Obligations for Minor Employees in South Dakota

South Dakota has child labor laws that regulate the hours and conditions under which minor employees can work. However, there are no provisions regarding break laws for minor employees. It is the employer’s discretion to include meal periods and rest breaks in their company policy.

Learn more about South Dakota Labor Laws through our detailed guide.

Important Cautionary Note

When making this guide, we have tried to make it accurate, but we do not give any guarantee that the information provided is correct or up-to-date. We therefore strongly advise you to seek advice from qualified professionals before acting on any information provided in this guide. We do not accept any liability for any damages or risks incurred from the use of this guide.