Section 60-11-3.1 - Minimum wage for tipped employees--Tips credited toward minimum wage--Babysitters and outside salesmen excluded.
60-11-3.1. Minimum wage for tipped employees--Tips credited toward minimum wage--Babysitters and outside salesmen excluded. Any employer of a tipped employee shall pay a cash wage of not less than two dollars and thirteen cents an hour if the employer claims a tip credit against the employer's minimum wage obligation. If an employee's tips combined with the employer's cash wage of not less than two dollars and thirteen cents an hour do not equal the minimum hourly wage, the employer shall make up the difference as additional wages for each regular pay period of the employer.
A "tipped employee" is one engaged in an occupation in which the employee customarily and regularly receives more than thirty-five dollars a month in tips or other considerations.
This section does not apply to babysitters or outside salesmen.
Source: SDCL, § 60-11-3 as added by SL 1973, ch 302; SL 1975, ch 316; SL 1978, ch 367, § 2; SL 1982, ch 368, § 2; SL 1990, ch 413, §§ 2, 4; SL 1997, ch 298, § 3.