State laws (statutes and regulations) generally govern the number and length of breaks and meal periods employers must provide employees—usually based on the number of consecutive hours the employee has worked that day. These laws vary from state to state and many states have separate provisions requiring meal periods specifically for minors (when minors are covered by two provisions, employer must observe the higher standard).
Federal law does not require lunch or coffee breaks for employees, but if employers do offer short breaks (usually lasting about 5 to 20 minutes) federal law considers the breaks compensable work hours that must be included in the number of hours worked when calculating overtime pay. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and that any extension of the break will be punished. Bona fide meal periods (typically lasting at least 30 minutes) serve a different purpose than coffee or snack breaks, are not work time, and are not compensable.
In South Dakota, there are no state laws that mandate employers to provide breaks or meal periods to employees, regardless of the length of their workday. This means that employers in South Dakota are not legally required to offer lunch, coffee, or snack breaks. However, if an employer in South Dakota chooses to provide short breaks (usually lasting about 5 to 20 minutes), these breaks are considered compensable work hours under federal law and must be included in the total hours worked for the purposes of calculating overtime. For meal periods, which are typically at least 30 minutes long, federal law does not consider them work time, and therefore, they are not compensable as long as the employee is completely relieved from duty. It's important to note that while South Dakota does not have specific break requirements, employers must comply with federal regulations regarding the compensation of short breaks and the non-compensability of bona fide meal periods. Additionally, when it comes to minors, employers must adhere to any applicable federal standards for meal periods, as South Dakota does not have separate provisions for minors regarding breaks.