In
South Dakota, the experienced Unpaid Overtime Lawyers at The Rasansky
Law Firm may be able to help you get the overtime wages you deserve. Contact
The Rasansky Law Firm today.
SOUTH DAKOTA UNPAID OVERTIME LAW
South Dakota Laws for the most part pattern themselves after the Fair Labor
Standards Act with regard to Unpaid Overtime in South Dakota.
In South Dakota, non-exempt employees must
receive overtime pay for hours worked in excess of 40 in a workweek
at a rate not less than time and one-half their regular rate of pay.
Any employer requiring or permiting an employee
to work overtime is, in most cases, required to pay them for their
overtime hours worked.
SOUTH DAKOTA UNPAID OVERTIME STATUTES OF LIMITATION
The state of South Dakota follows Federal Law when
it comes to Unpaid Overtime.
In South Dakota, a 2-year statute of limitation
applies to the recovery of back pay - meaning the amount of wages you
can recover from the time of the filing of your lawsuit will go back 2
years in time.
If the South Dakota employer knowingly and willingly
violated the FLSA with regard to overtime pay, than Federal Law allows
for you to recover wages 3 years prior to the date of the lawsuit filing.
SOUTH DAKOTA OVERTIME LAWYER
If an employer in South Dakota is violating the Fair
Labor Standards Act by not paying you the overtime wages you rightfully
earned, Contact
The Rasansky Law Firm immediately.
In South Dakota, it is illegal for an employer to
deny you overtime pay if you are a non-exempt employee.
The Rasansky Law Firm may be able to assist you in bringing
an Unpaid Overtime Lawsuit against your employer in South Dakota.
HOW LONG DO I HAVE TO FILE AN UNPAID OVERTIME LAWSUIT?
Filing a claim for Unpaid Overtime is time sensitive
no matter what state you work in. Click on your state below to find
out what the Statute of Limitations are in your state.
Regarding the unpaid overtime laws in your state, keep in mind that each
state may have specific laws that apply to minimum wage and overtime payments
that are more demanding than the Fair
Labor Stardards Act (FLSA). Click here for more unpaid
overtime law information
pertaining to your state.
The FLSA is a
federal law that serves as a minumum set of guidelines that each state must
follow, but if your state's law is more demanding than federal law, you
are entitled to the benefits and protections that are most favorable to you
which in this case would be your state's laws regarding unpaid overtime.
So in states with more demanding laws regarding employment and unpaid overtime,
even though your employer may be in compliance with the federal laws minimum
guidelines, they must also follow that state's more demanding laws regarding
employment and unpaid overtime.
In some cases, employers may not be following their states more demanding
laws, but rather the federal law. When situations like these arise an employer
may think that its employees are not entitled to overtime wages, when in fact
they are because of their states more demanding rules.
Some states may have laws that are less demanding than federal law's minimum
standards. In those states employers still must follow federal law because
it sets forth the minimum protections and benefits for employees.
Several states follow whatever the federal law requirements
are for compliance. In those states, employers must follow the FLSA.
