| SOUTH DAKOTA |
| Quick Links |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
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.
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.
Payment upon Separation from Employment
Employees who are fired, discharged, terminated, or laid off
When an employer terminates an employee from the payroll, no matter the reason, the
employer must pay the employee all wages due by the next regular pay day for which the
wages would have been paid or as soon thereafter as the employee returns all property of
the employer in the employee's possession. South Dakota Stat. 60-11-10
Employees who quit or resign
When an employee voluntarily leave employment with the employer, the employer must pay
the employee all wages due by the next regular pay day for which the wages would have
been paid or as soon thereafter as the employee returns all property of the employer in the
employee's possession. South Dakota Stat. 60-11-11
Employees who are suspended or resigns due to a labor dispute (strike)
In the event of the suspension of work as the result of a strike, lockout, or other labor
dispute, an employer must pay all wages due by the next regular pay day including any
deposit or other guaranty held by the employer for the faithful performance of the duties of
the employment. South Dakota Stat. 60-11-12
Wages in Dispute
In case of a dispute over wages between the employer and employee, the employer must
give written notice to the employee of the amount of wages less whatever the employee
owes the employer which the employee concedes to be due. The employer must timely pay
the amount conceded to be due without condition. Acceptance by the employee of any
payment made pursuant to this section does not constitute a release as to the balance of
the claim. South Dakota Stat. 60-11-13
Employees who are fired, discharged, terminated, or laid off
When an employer terminates an employee from the payroll, no matter the reason, the
employer must pay the employee all wages due by the next regular pay day for which the
wages would have been paid or as soon thereafter as the employee returns all property of
the employer in the employee's possession. South Dakota Stat. 60-11-10
Employees who quit or resign
When an employee voluntarily leave employment with the employer, the employer must pay
the employee all wages due by the next regular pay day for which the wages would have
been paid or as soon thereafter as the employee returns all property of the employer in the
employee's possession. South Dakota Stat. 60-11-11
Employees who are suspended or resigns due to a labor dispute (strike)
In the event of the suspension of work as the result of a strike, lockout, or other labor
dispute, an employer must pay all wages due by the next regular pay day including any
deposit or other guaranty held by the employer for the faithful performance of the duties of
the employment. South Dakota Stat. 60-11-12
Wages in Dispute
In case of a dispute over wages between the employer and employee, the employer must
give written notice to the employee of the amount of wages less whatever the employee
owes the employer which the employee concedes to be due. The employer must timely pay
the amount conceded to be due without condition. Acceptance by the employee of any
payment made pursuant to this section does not constitute a release as to the balance of
the claim. South Dakota Stat. 60-11-13
Deductions from Wages
South Dakota does not have any laws regarding what deductions may or may not be taken
from an employees paycheck or whether an employee must provide written consent prior to
any deduction. The lack of a law prohibiting deductions likely means an employer can
withhold or deduct wages from an employees pay check for:
- cash shortages
- breakage, damage, or loss of the employer's property
- required uniforms
- required tools
- other items necessary for employment
In accordance with federal law, an employer may not make deductions for any of the above-
listed items if it would cause the employee to earn less than federal minimum wage. DOL
Fact Sheet #16.
Deductions to pay for an employee's portion of any fringe benefit would also be permissible.
Uniforms, Tools, and Other Equipment Necessary for Employment
South Dakota does not have any laws prohibiting an employer from requiring an employee
to purchase a uniform, tools, or other items necessary for employment.
Medical or Physical Exams, including Drug Tests, Required for Employment
An employer may not require an employee to pay the cost of a medical examination or the
cost of furnishing any records required by the employer as a condition of continued
employment. South Dakota Stat. 60-11-2
South Dakota does not have any laws regarding what deductions may or may not be taken
from an employees paycheck or whether an employee must provide written consent prior to
any deduction. The lack of a law prohibiting deductions likely means an employer can
withhold or deduct wages from an employees pay check for:
- cash shortages
- breakage, damage, or loss of the employer's property
- required uniforms
- required tools
- other items necessary for employment
In accordance with federal law, an employer may not make deductions for any of the above-
listed items if it would cause the employee to earn less than federal minimum wage. DOL
Fact Sheet #16.
Deductions to pay for an employee's portion of any fringe benefit would also be permissible.
Uniforms, Tools, and Other Equipment Necessary for Employment
South Dakota does not have any laws prohibiting an employer from requiring an employee
to purchase a uniform, tools, or other items necessary for employment.
Medical or Physical Exams, including Drug Tests, Required for Employment
An employer may not require an employee to pay the cost of a medical examination or the
cost of furnishing any records required by the employer as a condition of continued
employment. South Dakota Stat. 60-11-2
Notice of Wage Reduction
South Dakota does not have any laws addressing when or how an employer may reduce
an employees wages or whether an employer must provide employees notice prior to
instituting a wage reduction.
South Dakota does not have any laws addressing when or how an employer may reduce
an employees wages or whether an employer must provide employees notice prior to
instituting a wage reduction.
Statement of Wages (Pay Stub)
South Dakota does not have any laws requiring employers to provide employees of notice
of wage rates, dates of pay, employment policies, fringe benefits, or other terms and
conditions of employment.
South Dakota does not have any laws requiring employers to provide employees of notice
of wage rates, dates of pay, employment policies, fringe benefits, or other terms and
conditions of employment.
Record Keeping Requirements
South Dakota does not have any laws requiring employers to provide employees of notice
of wage rates, dates of pay, employment policies, fringe benefits, or other terms and
conditions of employment.
South Dakota does not have any laws requiring employers to provide employees of notice
of wage rates, dates of pay, employment policies, fringe benefits, or other terms and
conditions of employment.
Frequency of Wage Payments
An employer must pay employees at least once per month or on a regular agreed pay day.
South Dakota Stat. 60-11-9
An employer must pay employees at least once per month or on a regular agreed pay day.
South Dakota Stat. 60-11-9
Manner of Payments
An employer may pay wages by check, cash, or direct deposit, unless the employer and
employee agree to another form of payment. South Dakota Stat. 60-11-9
Direct Deposit
An employer may pay an employee by direct deposit. South Dakota Stat. 60-11-9
An employer may pay wages by check, cash, or direct deposit, unless the employer and
employee agree to another form of payment. South Dakota Stat. 60-11-9
Direct Deposit
An employer may pay an employee by direct deposit. South Dakota Stat. 60-11-9
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
| L |
Notice Requirements
South Dakota does not have any laws requiring an employer to keep any
employment-related documents.
Federal law requires every employer covered by the Fair Labor Standards Act (FLSA) to
keep certain records for each covered, nonexempt worker, for at least three (3) years. For
more information, visit FLSA.
South Dakota does not have any laws requiring an employer to keep any
employment-related documents.
Federal law requires every employer covered by the Fair Labor Standards Act (FLSA) to
keep certain records for each covered, nonexempt worker, for at least three (3) years. For
more information, visit FLSA.
| Wage Payment Laws for Private Sector Employers |
Topics Covered:
- Frequency of Wage Payments
- Manner of Payments
- - Direct Deposit
- Payment upon Separation from Employment
- - Employees who are fired, discharged, or terminated
- Employees who quit or resign
- Employees who is suspended or resigns due to a labor dispute (strike)
- Employees who are laid off
- Wages in Dispute
- Deductions from Wages
- - Cash shortages
- Damage, loss or destruction of employer property
- Dishonored or returned checks
- Uniforms
- Tools and other items necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of Wage Reduction
- Statement of Wages (Pay Stub)
- Record Keeping Requirements
- Notice Requirements
