Overtime pay can be a complex topic, and understanding how it applies to your workweek is crucial for both employees and employers. While South Dakota labor laws follow federal guidelines, it’s important to know the specifics of how overtime pay is determined.
This article explores South Dakota’s approach to overtime pay and clarifies key points of the federal regulations that govern it, so you can stay compliant and avoid any surprises.
This Article Covers:
Understanding Overtime in South Dakota
- Which Overtime Laws Apply in South Dakota?
- How are Overtime Laws in South Dakota Different from Federal Laws?
- What is the Regular Rate of Pay in South Dakota?
- How Much is Overtime Pay in South Dakota?
- Who is Eligible for Overtime Pay in South Dakota?
- Who is Exempt from Overtime Pay in South Dakota?
Overtime for Hourly Rate and Salaried Employees in South Dakota
- How Do You Calculate Overtime for Hourly Employees in South Dakota?
- How is Overtime Calculated for Salaried Employees in South Dakota?
Overtime for Complex Pay Structures in South Dakota
- How Do You Calculate Overtime for Piece Rate or Commission Employees in South Dakota?
- How Do You Calculate Overtime with Multiple Pay Rates in South Dakota?
Additional Considerations for South Dakota Overtime
- Are there Industry-Specific Overtime Rules in South Dakota?
- Do Employees in South Dakota Get Extra Overtime Pay for Working on Sundays or Holidays?
- How can Employers Ensure Compliance with South Dakota Overtime Laws?
Understanding Overtime in South Dakota
Which Overtime Laws Apply in South Dakota?
In South Dakota, overtime laws are governed by the FLSA. Since the state does not have its own specific overtime laws, the FLSA applies to most workers in South Dakota. The FLSA requires that non-exempt employees be paid time and a half for any hours worked over 40 in a workweek.
How are Overtime Laws in South Dakota Different from Federal Laws?
South Dakota’s overtime laws are essentially the same as federal laws because the state follows the FLSA’s guidelines without any additional state-specific regulations. There are no extra protections or provisions in South Dakota that go beyond what the federal law mandates, which means the state’s overtime rules mirror the federal standards exactly.
What is the Regular Rate of Pay in South Dakota?
The “regular rate of pay” in South Dakota includes all forms of compensation such as hourly earnings, salary, piecework, and commissions, and must always meet or exceed the minimum wage.
Furthermore, this rate is used as the basis for calculating overtime pay under the FLSA for non-exempt employees, ensuring that overtime is paid at a rate of at least time and a half for hours worked beyond 40 in a workweek.
How Much is Overtime Pay in South Dakota?
Overtime pay in South Dakota is governed by the FLSA, which requires employees to receive 1.5 times their regular rate for hours worked beyond 40 in a workweek.
There are no additional overtime provisions for daily or double time beyond the standard weekly overtime calculation.
If you want to learn more, check out our guide on South Dakota overtime laws.
Who is Eligible for Overtime Pay in South Dakota?
Almost all employees over 16 are eligible for overtime under the FLSA. This includes hourly, salaried, and piece-rate workers who are entitled to 1.5 times their regular pay for hours worked over 40 in a workweek.
Check out our guide on overtime rights in South Dakota.
Who is Exempt from Overtime Pay in South Dakota?
Some employees are not eligible for overtime pay based on their job type and salary. These exemptions include:
- Executive, administrative, and professional employees earning at least $684 per week
- Computer professionals earning at least $27.63 per hour ($57,428.40 per year)
- Outside sales employees
- Employees of certain seasonal amusement or recreational establishments
- Employees of small newspapers and switchboard operators of small telephone companies
- Domestic service employees primarily providing fellowship and protection to seniors and individuals with disabilities
- Seamen working on foreign vessels
- Workers involved in fishing operations
- Employees involved in newspaper delivery
- Farm workers on small farms (those using fewer than 500 “man days” of labor per quarter)
- Occasional babysitters
The exemptions are narrowly defined, and employers should ensure they meet the specific criteria to qualify as exempt under the FLSA. For a detailed breakdown of the exemptions, refer to the FLSA guidelines.
Learn more in detail about South Dakota Salaried Employees Laws.
Overtime for Hourly Rate and Salaried Employees in South Dakota
How Do You Calculate Overtime for Hourly Employees in South Dakota?
In South Dakota, hourly employees’ regular rate of pay is based on their hourly wage. To calculate overtime for hourly employees, you simply take their hourly rate and multiply it by 1.5 for any hours worked beyond 40 in a workweek.
For example, if an hourly employee earns $15 per hour and works 50 hours in a week:
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This example demonstrates the basic overtime calculation for an hourly employee in South Dakota, based on the federal FLSA overtime rules. Any hours worked beyond 40 in a workweek are entitled to 1.5 times the regular hourly rate.
To learn more, you can read our guide on your rights as an hourly employee in South Dakota.
How is Overtime Calculated for Salaried Employees in South Dakota?
For salaried employees in South Dakota who are non-exempt under the FLSA, calculating overtime pay involves a few steps to convert their salary into an hourly rate based on a standard 40-hour workweek. Here’s how it’s done:
| 1. Convert Annual Salary to Weekly Salary: Divide the annual salary by 52 to get the weekly earnings. |
| 2. Find the Hourly Rate: Divide the weekly salary by 40 hours to calculate the hourly rate. |
| 3. Calculate Overtime Pay: Non-exempt salaried employees are entitled to 1.5 times their regular hourly rate for any hours worked beyond 40 in a workweek. |
For example, if a salaried employee earns $52,000 annually:
- Annual Salary: $52,000
- Weekly Salary: $52,000 ÷ 52 = $1,000
- Hourly Rate: $1,000 ÷ 40 = $25
If this employee works 50 hours in a week, the first 40 hours are compensated at the regular rate, and the additional 10 hours are paid at 1.5 times the hourly rate:
- Overtime Pay: 10 hours x $37.50 ($25 x 1.5) = $375
- Total Compensation: $1,000 (weekly salary) + $375 (overtime) = $1,375
To learn more, check out our guide on your rights as a salaried employee in South Dakota.
Overtime for Complex Pay Structures in South Dakota
How Do You Calculate Overtime for Piece Rate or Commission Employees in South Dakota?
In South Dakota, employees compensated through piece rate or commission have a straightforward method to calculate overtime pay by using their total earnings from piecework or commissions. The regular rate is calculated by dividing the total earnings by the total hours worked, which is then used as the base for overtime calculations.
Method 1: Direct Calculation from Piece or Commission Rate
The first method involves using the piece rate or commission rate directly to compute the regular rate. For example, if an employee earns $500 through piecework in a 40-hour workweek:
- Regular Rate: $500 (total earnings) ÷ 40 (total hours) = $12.50 per hour
For overtime worked beyond 40 hours, the employee is entitled to 1.5 times this regular rate.
Method 2: Total Earnings Divided by Total Hours Worked
This alternative method calculates the regular rate by dividing total earnings for the workweek by the total hours worked, including overtime hours. For example, if an employee earns $400 in commissions over 35 hours, with 5 of those hours being overtime:
- Total Earnings: $400
- Total Hours Worked (including overtime): 35 hours
- Regular Rate: $400 ÷ 35 = $11.43 per hour
For the overtime hours, the employee would receive an additional 50% of their regular rate.
How Do You Calculate Overtime with Multiple Pay Rates in South Dakota?
In South Dakota, when an employee receives different pay rates in the same workweek, the overtime calculation is based on the weighted average of those rates. This method ensures fairness when calculating overtime for employees working multiple jobs with varying pay rates.
For example, if an employee works 30 hours at $15 per hour and 10 hours at $10 per hour:
- Total Earnings: (30 hours x $15) + (10 hours x $10) = $450 + $100 = $550
- Weighted Average Regular Rate: $550 ÷ 40 hours = $13.75 per hour
This $13.75 per hour is the regular rate used to calculate overtime. Any hours worked beyond 40 in the workweek will be compensated at 1.5 times this regular rate.
Additional Considerations for South Dakota Overtime
Are there Industry-Specific Overtime Rules in South Dakota?
South Dakota follows the federal FLSA guidelines for overtime pay without additional state-specific regulations for different industries. However, certain industries, such as agriculture and healthcare, may have exemptions under the FLSA.
It’s important for employers to review industry-specific provisions under federal laws to ensure they comply with any specialized overtime rules that may apply.
Do Employees in South Dakota Get Extra Overtime Pay for Working on Sundays or Holidays?
South Dakota follows the federal FLSA rules, which do not provide extra overtime pay for working on Sundays or holidays, unless the total hours worked exceed 40 in a workweek.
Overtime is calculated based on hours worked beyond 40 hours in a week, regardless of the day. However, if an employee works over 40 hours in a week, they are entitled to 1.5 times their regular rate for those hours.
How can Employers Ensure Compliance with South Dakota Overtime Laws?
To ensure compliance with overtime laws in South Dakota, employers must track employees’ hours and follow FLSA guidelines for overtime pay. Accurate records of hours worked, including start and end times, are important.
Employers should also be aware of FLSA exemptions to determine if any employees are not entitled to overtime pay. Time tracking systems can help maintain compliance.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
