Maximum Hours Law Summaries
South Dakota, Maximum Hours Law Summaries
South Dakota's maximum hours law is located in the South Dakota Codified Laws at Title 60, Chapters 60-2, 60-11 and 60-12. Hours of service requirements for motor carriers are covered at Title 49, Chapter 28A, Sections 49-28A-3, 49-28A-3.2 and 49-28A-3.3. The full text of this law is available beginning at Wages-Hours ¶43-44,001.
WHAT THE EMPLOYER MUST DO
Maximum hours of labor for employees is 10 hours a day, unless there is an employer-employee agreement that specifies otherwise (Sec. 60-2-18).
Child labor.- Note: For a complete summary of South Dakota's child labor law, see ¶43-1500 et seq.
Minors under 16.- No unemancipated child under 16 years of age may be employed for more than four hours in any school day, 20 hours in any school week, eight hours in any nonschool day, 40 hours in any nonschool week. These provisions do not apply to children employed as actors or performers in motion pictures, theatrical, radio, or television productions, nor to roguing or detasselling of hybrid seedcorn for any nonschool day or nonschool week (Sec. 60-12-1).
Factories and manufacturing.- A day's labor for work in manufacturing or mechanical operations is eight hours a day, unless there is an agreement that specifies otherwise. This does not apply to agreements for employment by the week, month or year (Sec. 60-11-1).
Motor Carriers, Hours of Service. -South Dakota adopts by reference federal motor carrier safety and transportation requirements, including hours of service requirements under Part 395 of Title 49 of the Code of Federal Regulations, for motor carriers, with certain modifications. All references to interstate operations will also include intrastate operations, except that drivers and motor carriers operating intrastate vehicles and combinations of vehicles with three axes or less or with a gross vehicle weight rating of not more than 26,000 pounds which are not used to transport hazardous materials requiring placarding under Part 177 or designed to transport more than 15 passengers, including the driver, are not subject to these requirements (Sec. 49-28A-3).
Drivers of gas and electric utility service vehicles, Hours of Service. -Federal hours of service regulations promulgated under the United States Department of Transportation at 68 Federal Register 22456 (April 2003) shall apply to utility service vehicles owned or operated by gas or electric utilities while engaged in intrastate commerce within South Dakota on or after January 1, 2006. If the United States Department of Transportation issues an official formal finding that application of one or more portions of these provisions would result in loss of federal funding, the Department of Public Safety may, by rule, implement the 2004 federal hours of service amendment as may be appropriate to preserve the federal funding. If federal laws or regulations are amended or altered to cause to be exempt any class or group of vehicles that would include gas and electric utility service vehicles within the state from hours of service requirements, then any exemption would also be effective in South Dakota for the duration of the federal exemption (Sections 49-28A-3.2 and 49-28A-3.3).
WHO TO CONTACT
Contact the South Dakota Department of Labor, 700 Governors Drive, Pierre, SD 57501-2291. Telephone: (605) 773-3101.
PENALTIES
Violation of maximum hours and work hour restrictions for minors under the age of 16 is a Class 2 misdemeanor (Sec. 60-12-1).
Violation of hours of service requirements relating to motor carriers is a Class 2 misdemeanor (Sec. 49-28A-3).
<p>Violation of hours of service requirements relating to motor carriers is a Class 2 misdemeanor (Sec. 49-28A-3).</p>