South Dakota Overtime and Meal & Rest Break Laws for Nurses

South Dakota law does not provide any overtime provisions. Therefore, the federal Fair Labor Standards Act (FLSA) will apply to all nurses and those in the medical profession facing overtime issues. Under the FLSA, workers are entitled to mandatory overtime pay for work exceeding 40 hours within the span of one workweek. The workweek is defined by federal law and consists of seven consecutive days, including weekends.

South Dakota law also does not provide employers with guidelines pertaining to rest and meal breaks. The FLSA does not recognize a requirement on the part of employers in any industry to provide employees with rest and meal breaks regardless of the length of the shift or the nature of the work. Employers and employees typically agree to rest and meal breaks within the employment contract, but this is not mandatory. If an employer agrees to provide a short rest break (less than 20 minutes) the employer must pay the worker during the break. Employers are within their legal rights to require a worker to eat while on duty if the nature of the employment so requires. This is a typical situation for nurses in emergency care settings or those with fast-paced type work.
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