How Late Can a Teen Work in South Dakota?
The South Dakota Department of Labor, as well as the U.S. Bureau of Labor Statistics, establishes laws to protect teenagers who wish to work during the summer or part-time during the school year. The goal is to ensure the teens receive an education and remain safe while allowing them to reap the financial rewards and gain new skills. If South Dakota law conflicts with federal law, the more stringent statute is the one that employers must follow.
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Under the Age of 14
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Children who are under the age of 14 can't work past 7 p.m. The curfew exists regardless of whether school is in session or is meeting the next day. Federal law doesn't address work curfews for children younger than 14.
Youths 14 or 15 Years of Age
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Children who are under the age of 16 but at least 14 years of age can't work past 10 p.m. if school is meeting the next day, according to South Dakota law. However, the federal standard restricts their work hours more stringently and therefore prevails. Under federal law, a youth aged 14 or 15 can't work after 7 p.m. except during the summer, which begins June 1 and ends on Labor Day. During the summer, a youth of 14 or 15 can work no later than 9 p.m.
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Over the Age of 16
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Youths over the age of 16 have neither South Dakota nor federal limitations on how late they may work.
Exceptions
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South Dakota statutes don't restrict work hours for children who are performers or actors in television, radio, theatrical or motion picture productions. Federal labor law parallels South Dakota labor law on this matter. South Dakota also allows exceptions for youths who work for their parents or who must work to support themselves. Certain jobs, such as removing tassels from seed corn or pumping gas, carry exceptions as well.
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References
- South Dakota Department of Labor and Regulation: Youth Employment
- U.S. Department of Labor: YouthRules! What Hours Can Youth Work?
- U.S. Department of Labor: Child Entertainment Laws as of January 1, 2011
- South Dakota Legislature: South Dakota Codified Laws, 60-12-2
- U.S. Department of Labor: Elaws --- Fair Labor Standards Act Advisor: Hours Restrictions
- Photo Credit Comstock/Comstock/Getty Images
