Compliance
Home Care Overtime Rules: What Agencies Owe Caregivers
Since 2015, home care agencies must pay caregivers overtime after 40 hours in a workweek. How the rule works, what counts as hours worked, and which states add daily overtime.
South Dakota overtime rules for home care workers
Last verified October 17, 2026 · All South Dakota resources
In South Dakota, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $11.85 an hour, rising to $12.30 on January 1, 2027. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. South Dakota's own law does not, so if the federal rule is undone, agencies here may no longer owe overtime to companionship and live-in caregivers.
What are South Dakota's overtime and minimum wage rules?
| Minimum wage | $11.85 an hour, rising to $12.30 on January 1, 2027 |
|---|---|
| Weekly overtime | After 40 hours |
| Daily overtime | None |
Adjusted annually by formula.
Does South Dakota law require overtime for agency caregivers?
No. South Dakota has no overtime law that applies to home care agencies, so the federal rule decides.
Calculate a week of overtime in South Dakota
Preset with South Dakota's daily overtime rule. Enter each day's hours across all clients.
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Sources
More for South Dakota
Overtime rules by state: other states
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