Do nannies get overtime in South Dakota?
Reviewed September 2026 against the same data that powers Kindred's free calculators.
Yes. In South Dakota, a live-out nanny earns time and a half after 40 hours in a week. Live-in nannies are exempt from the overtime premium under federal law, though every hour worked must still be paid.
The rule in detail
Overtime applies to hourly household employees regardless of how you found each other or whether anything is in writing. A salary does not make a nanny exempt; the law treats nannies as non-exempt hourly workers.
- Live-out nannies: time and a half after 40 hours in a week
- Live-in nannies: exempt from the overtime premium under federal law, but every hour worked must still be paid at least at the regular rate
What a typical overtime week costs
Say your nanny earns $22/hour (a common South Dakota rate) and works 45 hours one week. You would owe $880 for the first 40 hours plus $165 for the 5 overtime hours at time and a half, $1,045 total. Budgeting guaranteed hours plus a small overtime buffer avoids surprises on both sides.
Related
- How much does a nanny cost in South Dakota?
- What nanny taxes do I pay in South Dakota?
- Full South Dakota household employment guide
This page is a plain-English summary for planning, not tax or legal advice. Rates and thresholds change; confirm current figures with the IRS, your state agency, or a payroll professional before filing.