The state of South Dakota has enacted particular labor rules that are designed to safeguard young workers while at the same time allowing them to obtain useful work experience. If you are a minor or the parent of a minor and are interested in learning about the legal working age, permit requirements, and job limits, this guide will assist clarify all you need to know.
The minimum age required to work in South Dakota
In the majority of instances, the minimum age to have a job in South Dakota is fourteen years old. When it comes to specific family companies or agricultural settings, however, there are less limits that apply to younger children who are working. In addition, federal labor rules are applicable, which means that certain employment may have more stringent age limits.
Who Is Required to Have a Work Permit?
The state of South Dakota, in contrast to a large number of other states, does not require work permits for minors to be employed. Instead, it is the responsibility of employers to ensure that young workers comply with regulations that are enacted at the state and federal levels. This indicates that adolescents are able to submit applications for jobs and begin working without the need for approval from a school or government office.
Hour Restrictions for Minors
While minors can work, the number of hours they can legally work depends on their age:
- 14- and 15-year-olds
- Cannot work during school hours
- Can work up to 3 hours on a school day and 8 hours on a non-school day
- Cannot work more than 18 hours per week during the school year
- Can work up to 40 hours per week during school breaks
- Cannot work between 7 PM and 7 AM during the school year (extended to 9 PM from June 1 to Labor Day)
- 16- and 17-year-olds
- No hour restrictions under South Dakota law, but federal regulations limit work in hazardous occupations
- Employers must still follow guidelines ensuring minors do not work excessively long hours
Jobs Restricted for Minors in South Dakota
Some jobs are outlawed because they are considered to be too hazardous for young workers to perform. Those federal limitations that are applicable in South Dakota are enforced by the United States Department of Labor. The following is a list of jobs that are not suitable for minors:
Jobs Prohibited for Those Under 18
- Operating heavy machinery, including forklifts and industrial equipment
- Working in demolition, roofing, or logging
- Operating power-driven tools such as saws, slicers, and metalworking machines
- Manufacturing, storing, or handling explosives
- Working in coal mines or meatpacking plants
Jobs Prohibited for Those Under 16
- Cooking with open flames or deep fryers
- Operating most motorized equipment
- Loading and unloading trucks or working in warehouses
- Working in construction or using ladders over six feet
- Selling or serving alcohol (some exceptions for food service roles where alcohol is sold but not served directly by the minor)
Jobs That Are Safe for Minors
While some industries are off-limits, many jobs are open to young workers and provide excellent experience. Some safe and legal jobs for minors in South Dakota include:
- Retail work – Cashiering, stocking, and assisting customers
- Food service – Hosting, bussing tables, washing dishes, and some food prep
- Lawn care and landscaping – Mowing, gardening, and raking leaves
- Office work – Filing, answering phones, and data entry
- Babysitting and pet sitting – Private household work
- Grocery stores – Bagging groceries and assisting customers
- Lifeguarding – Available for those 15 and older with certification
Federal vs. State Labor Laws: What Matters More?
Although South Dakota has its own labor laws, federal law frequently takes precedence over state regulations. This is especially true when it comes to dangerous jobs and restrictions on working hours on the job. Businesses that engage in interstate commerce are required to adhere to federal requirements, which means that more stringent regulations may be applicable.
Although South Dakota does not impose hourly limitations on 16- and 17-year-olds, federal law bans minors from working in hazardous situations. This implies that even if South Dakota does not have hourly limits, children are still not allowed to engage in some high-risk jobs.
Penalties for Employers Who Violate Child Labor Laws
Employers who fail to follow state and federal labor laws can face penalties, including:
- Fines and penalties – Businesses found violating child labor laws may be fined thousands of dollars per infraction.
- Loss of business licenses – Repeated violations could result in the suspension or revocation of a company’s license.
- Legal consequences – If a minor is injured in an illegal work situation, the employer may face lawsuits or criminal charges.
How to Report Violations
You have the ability to file a complaint with the South Dakota Department of Labor and Regulation or the Wage and Hour Division of the United States Department of Labor if you have reason to believe that a company is in violation of laws pertaining to child labor. By filing concerns anonymously, workers can prevent themselves from being subjected to reprisal.
Remarks to Conclude
The state of South Dakota provides young people with the opportunity to get job experience while meeting the requirements of both state and federal labor laws to ensure their safety. Although the state does not require work permits, young workers should be aware of the restrictions on the number of hours they can work and the jobs that are not allowed. It is possible for both minors and employers to establish a safe and compliant working environment by having a thorough awareness of these rules.
