labor lawAdivision of labor law center

There are a certain number of states in the United States that, when it comes to overtime, they defer to the federal government to guide employers and employees as to what the deal is. South Dakota is one of those states.

In South Dakota, there are no state overtime labor laws. There aren’t laws either, by the way, regarding compensatory time, regarding salaried and hourly workers, or regarding the difference between part-time and full-time workers.

But our focus is on overtime, so to understand South Dakota’s overtime regulations, we must look at what the federal laws say about overtime. The federal laws on the topic can be found in the Fair Labor Standards Act. Basically, this is the law that covers most wage issues that employers and employees in South Dakota would need to be concerned with.

To understand how the Fair Labor Standards Act regulations on overtime work, it’s probably easiest to break down the law into two parts in terms of coverage. This two-part system can help us determine who gets overtime in South Dakota based on the FLSA, and who doesn’t.

The first part of the FLSA overtime coverage is called “Enterprise” coverage, which means it determines which enterprise, or business, is mandated by the FLSA to pay overtime labor costs. This part of the law says that enterprises with more than $500,000 in annual revenue are covered by the FLSA.

The Enterprise section also includes businesses that operate hospitals and similar medical care and hospice type locations, as well as schools and public or governmental entities.

The second part of the overtime law is the “Individual” coverage. This determines if an individual employee should or should not get overtime pay. This coverage includes any employee of any business who is involved in any form of interstate commerce. This could include sales across state borders, or it could even involve taking the credit card from someone who is from North Dakota.

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