Every employer shall pay to each employee wages at a rate of not less than eight dollars and fifty cents an hour. Violation of this section is a Class 2 misdemeanor. The provisions of this section do not apply to certain employees being paid an opportunity wage pursuant to § 60-11-4.1, babysitters, or outside salespersons. The provisions of this section also do not apply to employees employed by an amusement or recreational establishment, an organized camp, or a religious or nonprofit educational conference center if one of the following apply:

(1) The establishment, camp, or center does not operate for more than seven months in any calendar year; or

Ask an employment law question, get an answer ASAP!
Thousands of highly rated, verified employment lawyers
Specialties include: Employment Law, EEOC, Pension and Compensation, Harassment Law, Discrimination Law, Termination Law, General Legal and more.
Click here to chat with a lawyer about your rights.

(2) During the preceding calendar year, the average receipts of the establishment, camp, or center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year.

Source: SDC 1939, §§ 17.0607, 17.9901; SL 1943, ch 76; SL 1945, ch 77; SL 1964, ch 67; SL 1966, ch 64, § 5; SDCL § 60-11-6; SL 1969, ch 85; SL 1973, ch 302; SL 1975, ch 316; SL 1978, ch 359, § 2; SL 1978, ch 367, § 1; SL 1982, ch 368, § 1; SL 1988, ch 411; SL 1990, ch 413, §§ 1, 3; SL 1997, ch 298, §§ 1, 2; SL 1999, ch 260, § 1; SL 2007, ch 297, § 1, eff. July 24, 2007; SL 2007, ch 297, § 2, eff. July 24, 2008; SL 2007, ch 297, § 3, eff. July 24, 2009; SL 2011, ch 224, § 1, eff. Mar. 17, 2011; SL 2015, ch 279 (Initiated Measure 18), § 1, eff. Jan. 1, 2015; SL 2015, ch 261, § 1, rejected Nov. 8, 2016.