South Dakota Fast Food & Counter Worker Overtime & Pay Rules
Side-by-side statutory audit of Fast Food & Counter Worker hourly wages, 1.5x overtime thresholds, shift benchmarks ($16.50/hr median), and meal break penalty pay under SDCL § 60-11-3.
Managing payroll or shift workers in SOUTH-DAKOTA?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
South Dakota Fast Food & Counter Worker Paycheck Calculator
Advanced Tax & Paycheck Deductions (Optional) ▼
Managing payroll or shift workers in SOUTH-DAKOTA?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
In South Dakota, a Fast Food & Counter Worker is entitled to a minimum statutory base wage of $11.20/hr (State industry median: $16.50/hr). Overtime is calculated at 1.5x regular rate after 40 hours per week under SDCL § 60-11-3.
Visual Pay Composition Breakdown
FLSA Exemption & Overtime Rules for Fast Food & Counter Workers in South Dakota
Non-Exempt (Eligible for 1.5x Overtime & Fast Food Minimum Wage Badges)
Non-exempt hourly position under FLSA § 213. California AB 1228 mandates a $20.00/hr fast food minimum wage across all major fast food chains.
South Dakota Statutory Wage & Overtime Authority
Statutory Legal Citation: SDCL § 60-11-3
South Dakota minimum wage ($11.20/hr) is indexed annually to inflation ($5.60 tipped direct wage). Weekly overtime rules apply.
Employee Statutory Rights (SD)
- ✓ Statutory minimum wage of $11.20/hr.
- ✓ Overtime pay at 1.5x over 40 hours.
- ✓ Protection from illegal pay deductions.
Employer Mandatory Obligations (SD)
- § Pay tipped staff at least $5.60/hr direct cash wage.
- § Pay wages at least monthly.
- § Reimburse tip credit shortfalls.
South Dakota Statutory Wage & Overtime FAQs
What is the minimum wage in South Dakota for 2026? ↓
Under statutory citation SDCL § 60-11-3, the 2026 minimum wage in South Dakota is $11.20 per hour. Employers paying below this baseline face Department of Labor back-pay audits and statutory interest penalties.
Does South Dakota mandate daily overtime pay? ↓
South Dakota follows the standard federal FLSA rule (Title 29 U.S.C. § 207). Overtime is calculated weekly for hours exceeding 40 hours in a 7-day workweek with no daily cap.
Can employers in South Dakota take a tip credit against wage rates? ↓
South Dakota permits employers to claim a maximum tip credit of $5.60/hr against tipped staff, requiring a minimum direct cash wage of $5.60/hr.
Common South Dakota Payroll Compliance Traps & Audit Penalties
Tip credit shortfalls.
Failing to pay overtime on non-discretionary bonuses.
Delayed wage payments.
Managing payroll or shift workers in South Dakota?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
Audit South Dakota Fast Food & Counter Worker Overtime & Pay
Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Fast Food & Counter Workers in South Dakota.