Dealing With Unpaid Wages in South Dakota
My employer hasn't paid me — here's what South Dakota law says and what to do next.
Statute: S.D. Codified Laws § 60-11-10
Deadline: 5 days
Penalty: Employer may be liable for the unpaid wages plus reasonable attorney fees. Employer may also be subject to penalties imposed by the South Dakota Department of Labor
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How South Dakota differs from federal law
South Dakota has a minimum wage slightly above the federal level, adjusted annually:
- $11.20/hr as of January 2024, adjusted annually by CPI
- South Dakota allows a tip credit — tipped employees can be paid 50% of the minimum wage if tips bring total to minimum wage
- There is no separate youth minimum wage in South Dakota
- The minimum wage was raised by ballot initiative in 2014 and tied to CPI
- No local jurisdictions have enacted higher minimums
Additional steps in South Dakota
File wage complaints with the South Dakota Department of Labor at (605) 773-3101 or dlr.sd.gov.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for South Dakota, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in South Dakota.