A teen job in South Dakota: school-night hours, the 10 p.m. line, and $11.85

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A 15-year-old in Sioux Falls gets hired to run the register at a sandwich shop. On a Tuesday, her manager asks her to stay until 9:30 p.m. South Dakota law would allow that. Federal law would not. Two sets of rules apply to young workers in South Dakota: the state's youth employment law, enforced by the South Dakota Department of Labor and Regulation (DLR), and the federal Fair Labor Standards Act (FLSA, the national wage-and-hour law). The DLR says it plainly: where the state rule is less strict, the federal rule applies.

Hours for workers under 16

South Dakota says a worker under 16 may not work more than 4 hours on a school day or 20 hours in a school week, more than 8 hours on a non-school day or 40 hours in a non-school week, or later than 10 p.m. on a school night. Children under 14 may not work during school hours or after 7 p.m.

The federal rules for 14- and 15-year-olds are tighter. They allow 3 hours on a school day (Fridays included), 18 hours in a school week, 8 hours on a non-school day, and 40 hours in a non-school week. Work must fall between 7 a.m. and 7 p.m., or 9 p.m. from June 1 through Labor Day. So for the Sioux Falls cashier, if her employer is covered by the FLSA, the limit on a school night is 7 p.m., not 10.

The DLR page lists no state hours limits for 16- and 17-year-olds, and the federal hours rules above cover only ages 14 and 15.

Pay, permits, and the jobs with special rules

South Dakota's minimum wage is $11.85 an hour, starting January 1, 2026. For tipped workers it is $5.925 an hour, and the employer must make sure tips bring the total up to at least $11.85. The rate rises each year with the cost of living, and the DLR posts the next year's rate by October 15. The DLR also lists a 'training wage' exemption in state law (SDCL 60-11-4.1). We could not confirm its details from an official page, so ask the DLR before accepting a lower rate.

The DLR's youth employment page does not describe a state work permit or age certificate. An employer may still ask for proof of your age.

Some jobs have their own exceptions: child actors, pumping gas, detasseling hybrid seed corn (pulling the tassels off corn plants, a common summer job in eastern South Dakota), working for your parents, and using farm equipment. If your job is one of these, ask the DLR which rules apply to you.

Why federal law can set these limits

In Hammer v. Dagenhart (1918), the U.S. Supreme Court struck down an early federal child labor law. In United States v. Darby (1941), the Court upheld the FLSA and overruled Hammer, deciding that Congress can set wage and hour rules for work tied to trade between states. That 1941 decision is the reason the federal limits reach a job in Sioux Falls or Rapid City today.

Who to call in South Dakota

중요

For questions about youth labor law, or to file a complaint, call the DLR at 605.773.3681. Its main office is at 123 W. Missouri Ave. in Pierre, and TTY users can dial 711. You can also ask the U.S. Department of Labor's Wage and Hour Division about the federal rules.

Before you call, write down your schedule for the last few weeks: the dates, the start and end times, and your pay. A clear record makes the question easy to answer.

기억하세요

South Dakota lets workers under 16 work until 10 p.m. on school nights, but the federal limit for 14- and 15-year-olds is 7 p.m. (9 p.m. in summer), and the stricter rule applies.
On a school day, a 14- or 15-year-old can work 3 hours under federal law, even though state law says 4.
The South Dakota minimum wage is $11.85 an hour, or $5.925 plus tips for tipped jobs.
Questions and complaints go to the Department of Labor and Regulation at 605.773.3681.

출처

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