Minimum Wage
SDCL § 60-11-3 — a rate written into the statute and raised each January 1 by the cost of living, and half of it in cash for tipped work
The statute sets the minimum at eight dollars and fifty cents an hour, and paying less is a Class 2 misdemeanor. It does not reach babysitters, outside salespeople, or certain seasonal camps and amusement businesses.
Raised every year. Each January 1 the minimum rises with the cost of living, by the Consumer Price Index, and is never decreased. The Department of Labor and Regulation publishes the new rate by October 15.
An employer claiming a tip credit pays a tipped employee a cash wage of not less than fifty percent of the minimum, and makes up any shortfall each pay period. A tipped employee customarily receives more than thirty-five dollars a month in tips.
The current figure is the one the department publishes. A particular paycheck is a question for a licensed South Dakota attorney.
Sources for this section (3)
- SDCL § 60-11-3 — Minimum wage; Misdemeanor; Certain employees excluded
- SDCL § 60-11-3.1 — Minimum wage for tipped employees; Tips credited toward minimum wage; Certain persons excluded
- SDCL § 60-11-3.2 — Annual minimum wage adjustment
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.