South Dakota Wage Payment Laws
- Frequency of wage payments
- Manner of wage payments
- Direct deposit
- Payment upon separation from employment
- Wage in dispute
- Deductions from wages
- Uniforms, tools, and other equipment necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of wage reduction
- Statement of wages (pay stubs)
- Record keeping requirements
- Notice requirements
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
Manner of Wage 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
An employer may pay an employee by direct deposit. South Dakota Stat. 60-11-9
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
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.
Pre-hire Medical, Physical, or Drug Tests
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.
Statement of Wages (Pay Stub)
South Dakota does not have any laws requiring employers to provide employees at the time of payment any notice of wages paid, wage rates, deductions, or other wage payment information.
Record Keeping Requirements
South Dakota does not have any laws requiring an employer to keep any employment-related documents.
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.