South Dakota Employee Time Report (Nonexempt)
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FAQ
Overtime can be voluntary (it may be offered or requested by an employer during very busy periods) or compulsory (it can be guaranteed or non-guaranteed). It will depend on the terms and conditions of the contract whether overtime is: voluntary.
"Yes," your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
Comp time is calculated by multiplying 1.5 times overtime hours worked.
Examples of non-exempt employees include contractors, freelancers, interns, servers, retail associates and similar jobs. Even if non-exempt employees earn more than the federal minimum wage, they still take direction from supervisors and do not have administrative or executive positions.
If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40. If the regular hours = 40: Pay time and a half for hours over 40.
Overtime PaySouth Dakota has no state labor laws regarding the payment of overtime, so the federal overtime laws apply to covered workers in the state.
Employees can be required to work overtime, whether paid or unpaid, only if this is provided for in their contract of employment.
There are no state-specific overtime laws in South Dakota - instead, overtime rules and exceptions as set in the federal Fair Labor Standards Act apply.
No mandatory compensatory time off is permitted for wage employees or in lieu of FLSA overtime pay.
The FLSA sets the maximum amount of comp time that may be accumulated: nonexempt employees who work in "a public safety activity, emergency response activity, or seasonal activity" may accumulate up to a maximum of 480 hours of comp time, while other employees are limited to 240 hours.
