Last update: June 10, 2023
Minimum Hiring Age in South Dakota
What is the minimum age to be employed in South Dakota? The legal age to work in South Dakota is 14, but governed by state and federal child labor laws and varies based on:
- The type of work (e.g., agricultural or non-agricultural)
- Whether the job is considered hazardous or has prohibited duties.
- Whether school is in session.
- The legal status of the minor (e.g., emancipated minors).
- Whether the job is exempt from the Fair Labor Standards Act (FLSA).
According to Federal Law (FLSA), a minor must be at least 14 years old to work for an employer (e.g. retail stores, food service establishments and gasoline service stations), with an exception for minors working for a parent or legal guardian who owns the business. This is the reason why you will never see job postings for children under the age of 14.
Age Restrictions
- Under 14: Minors under the age of 14 may only work in or as:
- Child actors
- Jobs pumping gas or detasselling hybrid seed corn
- Employment by parents
- Employment necessary for the child's support or employment using agricultural equipment.
- Under 16: Minors aged 14 or 15 may not work under following conditions:
- In any occupation dangerous to life, health or morals.
- Under 18 Minors aged 16 or 17 - Unrestricted.
Minimum age to drive motor vehicles (cars and small trucks) on public roads as part of jobs is basically 17 years old, with certain requirements.
Minimum age to serve and bartend alcohol in South Dakota:
| Beer | Wine | Spirits | |
|---|---|---|---|
| Serve | 18 | 18 | 18 |
| Bartend | 21 | 21 | 21 |
Work Hours
- Under 14: Minors under the age of 14 may not work:
- During school hours.
- Later than 7 p.m.
- Under 14: Minors under the age of 16 may not work:
- For more than four hours per school day or 20 hours per school week.
- For more than eight hours per non-school day or 40 hours per non-school week.
- Later than 10 p.m. on a school night.
- Under 18: Minors aged 16 or 17 - Unrestricted.
Maximum daily and weekly hours and days per week for minors ages 14 and 15:
8-40 school day/week: 4-20
Nightwork prohibited for minors ages 14 and 15:
After 10 p.m. before school day
Maximum daily and weekly hours and days per week for ages 16 and 17:
Not regulated
Nightwork prohibited for ages 16 and 17:
Not regulated
Work Permit
Work permit is not required. Age certificate is not required.
Minimum Wages
The minimum wages in South Dakota is $10.80. FLSA allow employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment.