Overtime Calculator South Dakota

South Dakota has no overtime rule beyond the federal FLSA, so federal law decides your pay. Enter your rate and hours for an accurate South Dakota paycheck estimate: 1.5x after 40 hours a week, no state income tax.

Rules verified November 2026 · Sources: U.S. Department of Labor, South Dakota Department of Labor and Regulation

By Mudassir Khan

Quick answer

South Dakota has no overtime rule beyond the federal Fair Labor Standards Act: nonexempt workers earn 1.5 times their regular rate for hours over 40 in a workweek, with no daily overtime rule. The 2026 minimum wage is $11.85 an hour, and South Dakota has no state income tax at all.

Your South Dakota week

Federal FLSA rules, South Dakota framing. Each workweek stands alone.

$/hr
hrs
Gross pay this week (45.0 hrs)$950.00
Regular pay (first 40 hrs)$800.00
Overtime pay at 1.5x (5.0 hrs)$150.00
your overtime rate$30.00/hr

South Dakota wage disputes go to the Department of Labor and Regulation. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.

How overtime works in South Dakota

1 · Federal law runs the show

South Dakota never passed its own overtime statute, so the Fair Labor Standards Act applies directly: nonexempt employees earn at least 1.5 times the regular rate for hours over 40 in a workweek.

2 · The CPI machine sets the wage

Voters approved annual inflation adjustments in 2014, so the wage moves every January without a new vote. It rose from $11.50 to $11.85 on January 1, 2026, with a $5.925 tipped cash wage, and $12.30 is already set for 2027.

3 · No income tax plus double damages

South Dakota is one of nine states with no income tax, so the overtime premium keeps its full value at the state level. State wage law also allows double damages for unpaid wages, which strengthens any claim.

The South Dakota formula (federal math)
Gross = (40 × rate) + (hours over 40 × rate × 1.5)

Rules at a glance, 2026

RuleSouth Dakota
Overtime ruleFederal FLSA only: 1.5 times pay after 40 hours in a workweek
Minimum wage 2026$11.85 an hour from January 1, 2026 (tipped cash wage $5.925; $12.30 set for 2027)
State income taxNone
Claim agencySouth Dakota Department of Labor and Regulation, Division of Labor and Management
Claim deadlineFile promptly; federal overtime claims carry the FLSA 2 year window, 3 if willful

Worked examples

WorkerMathGross
$11.85/hr, 45 hours$474.00 + $88.88$562.88
$26/hr, 50 hours$1,040 + 10 × $39$1,430.00
$18/hr, 58 hours$720 + 18 × $27$1,206.00
$11.85/hr, 40 hours40 × $11.85, no overtime$474.00

Example 1 runs off the 2026 minimum wage: 45 hours pays $474 in regular pay plus 5 overtime hours at $17.78. With no state income tax, the only taxes on that premium are federal income tax and Social Security and Medicare.

South Dakota specifics worth knowing

The wage adjusts itself. Under state wage law, the Department of Labor and Regulation applies the CPI increase each October and rounds up to the nearest 5 cents. The rate can never decrease, and no city or county may set its own minimum wage, so $11.85 holds statewide.

Double damages are on the table. South Dakota law makes an employer liable for double the unpaid wages when it breaches the obligation to pay. When you file, the claim is not just the missing premium, it can be twice the missing pay.

The 2027 rate is already known. The department announced $12.30 for January 1, 2027 alongside the 2026 figure. Overtime math for minimum wage workers will run off the higher base from the first week of 2027.

Like South Dakota, North Dakota runs on federal overtime math: our North Dakota overtime calculator shows the same rules at a $7.25 floor, and the Nebraska overtime calculator adds a $15 minimum wage to the mix. The federal baseline is explained in the FLSA overtime rules guide.

Common mistakes

Mistake 1: Using the 2025 $11.50 rate in 2026 budgets. The wage rose to $11.85 on January 1, 2026. Any pay plan built on $11.50 after that date underpays every minimum wage hour.
Mistake 2: Expecting daily overtime. South Dakota has no daily overtime rule. A 12 hour shift earns nothing extra unless the week passes 40 hours.
Mistake 3: Assuming a city has a higher minimum wage. South Dakota does not allow municipalities to set their own minimum wage. The $11.85 state rate applies everywhere.
Mistake 4: Settling for just the missing premium. State law allows double damages for unpaid wages. Negotiating only the missing premium can leave money on the table.

Frequently asked questions

Does South Dakota have its own overtime law?

No. South Dakota has no state overtime statute, so the federal Fair Labor Standards Act decides overtime: 1.5 times the regular rate for hours over 40 in a workweek, for nonexempt employees.

Where do I file an unpaid overtime claim in South Dakota?

With the South Dakota Department of Labor and Regulation, Division of Labor and Management, using the Claim of Unpaid Wages form, or with the federal DOL. Federal overtime claims keep the FLSA 2 year window, 3 if the violation was willful.

What is the minimum wage in South Dakota in 2026?

$11.85 an hour from January 1, 2026, with a $5.925 cash wage for tipped workers. The rate adjusts every January with inflation, and $12.30 is already set for 2027.

Is there daily overtime in South Dakota?

No. South Dakota has no daily overtime rule. Only the weekly line matters: hours over 40 in a workweek earn 1.5 times the regular rate, no matter how long any single day was.

Does South Dakota tax overtime pay?

No. South Dakota has no state income tax, so no state tax comes out of overtime pay. Federal income tax plus Social Security and Medicare taxes still apply to overtime wages in full.

Can a salaried South Dakota employee earn overtime?

Yes, if nonexempt. A salary alone does not remove overtime rights in South Dakota. Only employees who pass the FLSA exempt duties and salary tests can be denied overtime pay.

Want the same math without the South Dakota framing? Use the overtime pay calculator. Want the same math without the South Dakota framing? Use the overtime pay calculator. Curious what the no tax on overtime deduction does to a South Dakota paycheck? Try the deduction calculator, with no state income tax the federal deduction goes further here.