Marcia Hultman

Cabinet Secretary

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Employment Laws

Compensatory (Comp) Time/Overtime

South Dakota has no labor laws concerning compensatory (comp) time or overtime. However, there is federal law regarding overtime.

Overtime Rule from the U.S. Department of Labor

The information below is related strictly to the federal law regarding overtime and is provided here only as a helpful resource to South Dakotans. There are no state-specific laws regarding overtime in South Dakota.

A federal district court in Texas has granted an emergency motion for a preliminary injunction barring the Department of Labor from enforcing its revised overtime rule, scheduled to take effect December 1, pending resolution of a consolidated legal challenge.

The final rule was poised to double the salary level required for employees to be deemed exempt from overtime under the FLSA pursuant to the DOL’s executive, administrative, and professional (“white collar”) exemption. The court, ruling on the state plaintiffs’ injunction request, found they demonstrated a substantial likelihood of success on the merits, as well as the prospect of irreparable harm. A nationwide preliminary injunction preserved the status quo while the court ponders whether the DOL had authority to promulgate the final rule and whether the rule itself was legally viable.

More information about the injunction is available on the Texas Attorney General website.

See also listed below helpful resources related to the U.S. Overtime Rule and South Dakota contacts at the U.S. DOL Wage and Hour Division.

Resources Related to the U.S. Overtime Rule

Final Overtime Rule in the Federal Register

Overtime Rule information on the U.S. Department of Labor website

Additional Resources

Overview and Summary of the Final Rule

Wage & Hour Division Overtime Fact Sheet

Frequently Asked Questions

Comparison Table: Current Regulations, Proposed Rule, and Final Rule

State and Local Governments and the Final Rule

State by State Breakdowns of Affected Workers

Small Business Guide

Non-profits and the Final Rule

Higher Education and the Final Rule

Non-Enforcement Policy Questions and Answers

Recorded Overtime Webinars from the Department of Labor's Wage & Hour Division

South Dakota Contacts at the U.S. DOL Wage and Hour Division

Brian Mundahl or Sara Soldatke, Sioux Falls, 605.330.4241

Sharon Holt or Kevin Greenawalt, Rapid City, 605.348.5504

Disclaimer

The information provided on this page should in no way be considered legal advice. For specific information about your legal rights, you should consult your personal attorney. If you have a general question, contact us.