WAGE AND HOUR DEMAND LETTER
South Dakota Minimum Wage Law and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, South Dakota ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[South Dakota State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and South Dakota Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and South Dakota Codified Laws Chapter 60-11.
Please direct all further communications regarding this matter to our office.
I. SOUTH DAKOTA-SPECIFIC LEGAL FRAMEWORK
A. South Dakota Minimum Wage
South Dakota's minimum wage is $11.50 per hour as of January 1, 2026, adjusted annually based on the Consumer Price Index. S.D. Codified Laws Section 60-11-3.
South Dakota allows a tip credit with a tipped minimum wage of $5.75 per hour (50% of the regular minimum wage), provided tips bring the employee to the full minimum wage. S.D. Codified Laws Section 60-11-3.1.
B. Overtime Requirements
South Dakota does not have a state overtime law. FLSA overtime requirements apply to covered employees: 1.5 times the regular rate for all hours worked over 40 in a workweek. 29 U.S.C. Section 207.
C. Meal and Rest Break Requirements
South Dakota law does not mandate meal or rest breaks for adult employees. Federal law applies - if breaks under 20 minutes are provided, they must be compensated. 29 C.F.R. Section 785.18.
D. Wage Payment Requirements
Under South Dakota law:
- Regular Pay Periods: Employers must pay wages at least once per calendar month. S.D. Codified Laws Section 60-11-9.
- Termination: Final wages must be paid on the next regular payday or upon written request by the employee. S.D. Codified Laws Section 60-11-10.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| South Dakota contract claims | 6 years | S.D. Codified Laws Section 15-2-13 |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (100%). 29 U.S.C. Section 216(b).
South Dakota: South Dakota does not have specific statutory penalties for wage violations beyond recovery of unpaid wages. Civil remedies are primarily based on contract and unjust enrichment principles.
G. Attorney's Fees
The FLSA provides for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b).
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and South Dakota wage and hour laws by:
- [ ] Failing to pay the minimum wage of $11.50 per hour required under South Dakota law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due upon termination
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. South Dakota Minimum Wage Law Violations
[Company Short Name] violated South Dakota's minimum wage requirements by [describe violation]. S.D. Codified Laws Section 60-11-3.
C. South Dakota Wage Payment Violations
[Company Short Name] violated South Dakota wage payment laws by:
- [ ] Failing to pay wages at least monthly. S.D. Codified Laws Section 60-11-9.
- [ ] Failing to pay final wages on the next regular payday. S.D. Codified Laws Section 60-11-10.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. FLSA Liquidated Damages
Liquidated damages equal to unpaid wages: $[Amount]
C. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the appropriate South Dakota Circuit Court, [County] County, or United States District Court for the District of South Dakota.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and South Dakota Codified Laws Section 19-19-408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[South Dakota State Bar No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)