Skip to content

Pay stub requirements in South Dakota

South Dakota has no pay stub law. Chapter 60-11 of the codified laws, which the Department of Labor and Regulation publishes in full on its own site, moves from hours of labor through the minimum wage, paydays, separation pay and enforcement without ever telling an employer what has to travel with the payment. What it does fix is the rhythm and the floor: wages at least once each calendar month on agreed paydays designated in advance, and a minimum wage the department recalculates every autumn and publishes by 15 October, which put the 2026 figure at $11.85 an hour. Refusing wages oppressively costs double.

Pay stub required
No statute in the wage chapter requires one
Electronic delivery
Nothing to authorise; the payment method is by agreement
Minimum wage (2026)
$11.85/hour from 1 January 2026
Pay frequency
At least once each calendar month

What South Dakota law requires

  • Once a calendar month, on paydays agreed in advance

    Every employer shall pay all wages due to employees at least once each calendar month unless otherwise provided by law, or on regular agreed pay days designated in advance by the employer, in lawful money of the United States. An employer may pay wages by check, cash or direct deposit to the bank account of the employee, unless employer and employee agree on another form of payment.

    Source
  • Eleven eighty five from January 2026, half of it for tipped work

    The Department of Labor and Regulation puts the non-tipped minimum wage at $11.85 an hour effective 1 January 2026 and the tipped cash wage at $5.925, exactly half. An employer claiming the tip credit must make sure the employee still ends up at no less than the full minimum wage and must keep a record of all tips received.

    Source
  • The floor moves itself, and the figure is published by 15 October

    Since 1 January 2016 the minimum wage has been adjusted each January by the increase in the cost of living, measured as the August to August change in the Consumer Price Index for all urban consumers, with the increase rounded up to the nearest five cents and no decrease permitted. The department must publish the coming rate on its internet home page by 15 October of the preceding year.

    Source
  • Double damages for an oppressive refusal

    In any action for the breach of an obligation to pay wages, where a private employer has been oppressive, fraudulent or malicious in refusing to pay wages due to the employee, the measure of damages is double the amount of wages for which the employer is liable. Intentional refusal to pay wages is separately a misdemeanour under the same chapter.

    Source
  • The employer pays for a required medical examination

    It is a Class 2 misdemeanour for an employer to require any employee to pay the cost of a medical examination, or the cost of furnishing any records the employer requires, as a condition of continued employment. The definitions attached to the section reach agents and officers of the employer as well as the employing entity itself.

    Source
  • Separation does not accelerate the payday

    Whenever an employer separates an employee from the payroll, or an employee without a written contract for a definite period quits, the unpaid wages are due not later than the next regular stated pay day on which those hours would normally have been paid, or as soon after that as the employee returns all property of the employer in their possession. There is no faster clock for a discharge than for a resignation.

    Source

What this generator calculates for South Dakota

South Dakota levies no personal income tax on wages, so a stub built here shows federal income tax, Social Security and Medicare, and leaves the state income tax line at zero because there is nothing to withhold.

Frequently asked questions

Sources

Wage and hour law changes. Check the linked source before relying on any figure here, and treat this page as a starting point rather than legal advice.

Nearby states