An Act to increase the state minimum wage.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 60-11-3 be AMENDED:
60-11-3.
Every employer
shall pay to each employee wages at a rate of not less than
eight
twelve dollars
and fifty cents
an hour
beginning on July 1, 2024, thirteen dollars and fifty cents beginning
on January 1, 2025, and fifteen dollars beginning on January 1, 2026.
Violation of this section is a Class 2 misdemeanor. The provisions of
this section do not apply to certain employees being paid an
opportunity wage pursuant to 60-11-4.1,
babysitters, or outside salespersons. The provisions of this section
also do not apply to employees employed by an amusement or
recreational establishment, an organized camp, or a religious or
nonprofit educational conference center if one of the following
apply:
(1) The establishment, camp, or center does not operate for more than seven months in any calendar year; or
(2) During the preceding calendar year, the average receipts of the establishment, camp, or center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year.
Section 2. That 60-11-3.2 be AMENDED:
60-11-3.2.
Beginning January
1,
2016
2027, and again
on January
1
first of each
year thereafter, the minimum wage provided by 60-11-3
shall
must be
adjusted by the increase, if any, in the cost of living. The increase
in the cost of living
shall
must be
measured by the percentage increase as of August of the immediately
preceding year over the level as measured as of August of the
previous year of the Consumer Price Index
(,
for all urban
consumers, U.S. city average for all items),
for the Midwest Region,
or its successor index as published by the U.S. Department of Labor
or its successor agency, with the amount of the minimum wage
increase, if any, rounded up to the nearest five cents. In no case
shall
may the minimum
wage be decreased. The
Secretary
secretary of
the South Dakota Department of Labor and Regulation
labor and regulation
or
its
the secretary's
designee shall publish the adjusted minimum wage rate for the
forthcoming year on its internet home page by October
15
fifteenth of
each year, and
it shall become
the rate becomes
effective on January
1
first of the
forthcoming year.