60-11-3.1. Minimum wage for tipped employees--Tips credited toward minimum wage--Certain persons excluded.
Any employer of a tipped employee shall pay a cash wage of not less than fifty percent of the minimum wage provided by § 60-11-3 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 fifty percent of the minimum wage provided by § 60-11-3 do not equal the minimum 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 salespersons. This section also does 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.
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; SL 2011, ch 224, § 2, eff. Mar. 17, 2011; SL 2015, ch 279 (Initiated Measure 18), § 2, eff. Jan. 1, 2015.
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