- Minimum wage in South Dakota is $9.30 per hour in 2020. For tipped employees minimum wage is $4.65 per hour in 2020.
- Breaks for employees – South Dakota does not require employers provide breaks to their employees.
- 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 to the employer’s property. Withholding a paycheck beyond when the employee would have received payment had they remained employed is not recommended.
- Overtime law in South Dakota follows the Fair Labor Standards Act (FLSA) rules.
- 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).
- Mandating direct deposit: 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.
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