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 (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.
Minimum wage--Misdemeanor--Certain employees excluded
— under WAGES, HOURS AND CONDITIONS OF EMPLOYMENT.