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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
South Dakota does not have any laws requiring an employer to provide a meal period or
breaks to employees, thus the federal rule applies. SD Dept. of Labor: Work Breaks. The
federal rule does not require an employer to provide either a meal (lunch) period or breaks.
However, if an employer chooses to do so, breaks, usually of the type lasting less than 20
minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to
be paid, so long as the employee is free to do as they wish during the meal or lunch
period. DOL: Breaks and Meal Periods.
South Dakota does not have any laws requiring an employer to provide a meal period or
breaks to employees, thus the federal rule applies. SD Dept. of Labor: Work Breaks. The
federal rule does not require an employer to provide either a meal (lunch) period or breaks.
However, if an employer chooses to do so, breaks, usually of the type lasting less than 20
minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to
be paid, so long as the employee is free to do as they wish during the meal or lunch
period. DOL: Breaks and Meal Periods.
Vacation
South Dakota has no laws requiring employers to provide employees with vacation
benefits, either paid or unpaid. South Dakota’s Legislature and its courts are silent
regarding any obligation an employer may have regarding vacation leave, including whether
an employer must pay an employee accrued vacation leave upon separation from
employment. Due to the silence of South Dakota authorities on the matter of vacation
leave, it is likely employer’s are free to establish the vacation leave policy of their choosing.
An employer would be required to omply with the terms of a valid employment contract
containing vacation leave provisions.
South Dakota has no laws requiring employers to provide employees with vacation
benefits, either paid or unpaid. South Dakota’s Legislature and its courts are silent
regarding any obligation an employer may have regarding vacation leave, including whether
an employer must pay an employee accrued vacation leave upon separation from
employment. Due to the silence of South Dakota authorities on the matter of vacation
leave, it is likely employer’s are free to establish the vacation leave policy of their choosing.
An employer would be required to omply with the terms of a valid employment contract
containing vacation leave provisions.
Severance
South Dakota law does not require employers to provide employees with severance pay. If
an employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
South Dakota law does not require employers to provide employees with severance pay. If
an employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
South Dakota law does not require employers to provide employees with either paid or
unpaid holiday leave. SD Dept. of Labor: Holiday Pay. In South Dakota, an employer can
require an employee to work holidays. An employer does not have to pay an employee
premium pay, such as 1 1/2 times the regular rate, for working on holidays, unless such
time worked qualifies the employee for overtime under standard overtime laws. If an
employer chooses to provide either paid or unpaid holiday leave, it must comply with the
terms of its established policy or employment contract.
South Dakota law does not require employers to provide employees with either paid or
unpaid holiday leave. SD Dept. of Labor: Holiday Pay. In South Dakota, an employer can
require an employee to work holidays. An employer does not have to pay an employee
premium pay, such as 1 1/2 times the regular rate, for working on holidays, unless such
time worked qualifies the employee for overtime under standard overtime laws. If an
employer chooses to provide either paid or unpaid holiday leave, it must comply with the
terms of its established policy or employment contract.
Minimum Wgae
South Dakota's current minimum wage is $7.25. SD Dept. of Labor: Minimum Wage.
Some exceptions apply to South Dakota's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
South Dakota's current minimum wage is $7.25. SD Dept. of Labor: Minimum Wage.
Some exceptions apply to South Dakota's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
South Dakota does not have laws governing the payment of overtime. SD Dept. of Labor:
Overtime. Federal overtime laws apply. See FLSA: Overtime for more information
regarding overtime requirements.
South Dakota does not have laws governing the payment of overtime. SD Dept. of Labor:
Overtime. Federal overtime laws apply. See FLSA: Overtime for more information
regarding overtime requirements.
Sick Leave
South Dakota law does not require employers to provide employees with sick leave
benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it
must comply with the terms of its established policy or employment contract.
accordance with the Family and Medical Leave Act or other federal laws.
South Dakota law does not require employers to provide employees with sick leave
benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it
must comply with the terms of its established policy or employment contract.
accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
| L |
| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday and Sunday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
Any employee serving as a juror must retain and be entitled to the same job status, pay,
and seniority as he or she had prior to performing jury duty.
South Dakota Stat. 16-13-41.2
An employer may not discharge or suspend any employee from his employment for serving
as a juror in any court in the State of South Dakota.
South Dakota Stat. 16-13-41.1
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
Any employee serving as a juror must retain and be entitled to the same job status, pay,
and seniority as he or she had prior to performing jury duty.
South Dakota Stat. 16-13-41.2
An employer may not discharge or suspend any employee from his employment for serving
as a juror in any court in the State of South Dakota.
South Dakota Stat. 16-13-41.1
