Pay stub requirements in South Dakota

01 — The law

What South Dakota law requires

1. 01

   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.

   South Dakota Codified Laws - Labor and Employment Laws (Department of Labor and Regulation) →
2. 02

   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.

   South Dakota Department of Labor and Regulation - Minimum Wage →
3. 03

   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.

   South Dakota Codified Laws - Labor and Employment Laws (Department of Labor and Regulation) →
4. 04

   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.

   South Dakota Codified Laws - Labor and Employment Laws (Department of Labor and Regulation) →
5. 05

   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.

   South Dakota Codified Laws - Labor and Employment Laws (Department of Labor and Regulation) →
6. 06

   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.

   South Dakota Codified Laws - Labor and Employment Laws (Department of Labor and Regulation) →

02 — Local rates

Local rates above the South Dakota minimum

03 — What we calculate

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.

04 — Questions

Frequently asked questions

Does South Dakota require a pay stub?

No. The wages, hours and conditions of employment chapter that the Department of Labor and Regulation publishes covers paydays, the minimum wage, separation pay, deposits for employer property and enforcement, and contains no section describing a statement the employer has to give you when you are paid. Anything you receive is your employer choosing to send it.

What is the South Dakota minimum wage in 2026?

Eleven dollars eighty five cents an hour from 1 January 2026, with a tipped cash wage of $5.925. The rate is tied to the August to August change in the Consumer Price Index, rounded up to the nearest five cents, and it can never go down. The department publishes the coming year figure on its home page by 15 October.

How often must South Dakota wages be paid?

At least once each calendar month, unless another law says otherwise, on regular pay days agreed and designated in advance. Payment may be by check, cash or direct deposit into your bank account, and any other form takes an agreement between you and your employer.

When do I get my final paycheck in South Dakota?

On the next regular stated pay day on which those hours would normally have been paid, whether you quit or were separated by your employer. The one condition attached is property: payment can wait until you return everything belonging to the employer that is in your possession.

What happens if a South Dakota employer refuses to pay?

Where a private employer has been oppressive, fraudulent or malicious in refusing wages due, the measure of damages in a civil action is double the amount owed. Intentional refusal to pay is also a misdemeanour, and the department has authority to investigate, take assignment of employee claims and prosecute violations.