Every state in the country has various state-specific labor laws. Some states vary greatly from federal law, some don’t. In South Dakota labor laws for the most part follow federal law. There aren't too many laws implemented by the state that supersede federal legislation when compared to most other states.
Here’s a quick list of items common and unique labor laws to be aware of from the Rushmore State (aka South Dakota):
- New hire reporting in South Dakota – employers must provide the following to the South Dakota New Hire Reporting Center:
- Employee’s full name
- Home address
- Social security number
- Hire date
- Employer’s name and address and employer’s FEIN (federal employer ID number)
- Minimum wage in South Dakota – minimum wage as of January 1, 2021 increased to $9.45 per hour for non-tipped employees. While for tipped employees, minimum wage increased to $4.725 per hour.
- Breaks for employees in South Dakota – in line with the Fair Labor Standards Act (FLSA), employers in South Dakota are not required to provide meal or break periods to their employees.
- Overtime law in South Dakota also simply follows the Fair Labor Standards Act (FLSA) rules pertaining to overtime.
- Mandating direct deposit in South Dakota: According to South Dakota Codified Laws 60-11-9 (2006): Every employer shall pay all wages due to employees at least once each calendar month unless otherwise provided by law, or on regular agreed pay days designated in advance by the employer, in lawful money of the United States. An employer may pay wages by check, cash, or direct deposit to the employee's bank account, unless an employer and employee agree to another form of payment.
- Final paycheck for terminated employee – South Dakota requires an employer provide an employee their final paycheck by the next regular pay date or as soon as the employee returns the employer’s property. Withholding a paycheck beyond when the employee would have received payment had they remained employed is not recommended.