Employment · South Dakota

Can I sue for unpaid overtime in South Dakota?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in South Dakota?

free route

The Department of Labor and Regulation takes a Claim of Unpaid Wages form for wages owed or for not being paid at least the minimum wage. South Dakota sets no overtime rule of its own, so the overtime part of the claim rests on the federal rule above.

source ↗Not yet checked against the statute.

How much can you sue for in South Dakota small claims court?

small claims limit

$12,000

source ↗Not yet checked against the statute.

exceptions: The limit does not count allowable costs or attorney's fees.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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