60-11-3. Minimum wage--Misdemeanor--Certain employees excluded. Every employer shall pay to each employee wages at a rate of not less than eight dollars and fifty cents an hour. 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.Source: SDC 1939, §§ 17.0607, 17.9901; SL 1943, ch 76; SL 1945, ch 77; SL 1964, ch 67; SL 1966, ch 64, § 5; SDCL § 60-11-6; SL 1969, ch 85; SL 1973, ch 302; SL 1975, ch 316; SL 1978, ch 359, § 2; SL 1978, ch 367, § 1; SL 1982, ch 368, § 1; SL 1988, ch 411; SL 1990, ch 413, §§ 1, 3; SL 1997, ch 298, §§ 1, 2; SL 1999, ch 260, § 1; SL 2007, ch 297, § 1, eff. July 24, 2007; SL 2007, ch 297, § 2, eff. July 24, 2008; SL 2007, ch 297, § 3, eff. July 24, 2009; SL 2011, ch 224, § 1, eff. Mar. 17, 2011; SL 2015, ch 279 (Initiated Measure 18), § 1, eff. Jan. 1, 2015; SL 2015, ch 261, § 1, rejected Nov. 8, 2016.