Employment and Labor Laws

South Dakota

South Dakota Wage Payment Laws


Frequency of Wage Payments

An employer must pay employees at least once per month or on a regular agreed pay day. SD Statute 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. SD Statute 60-11-9


Direct Deposit

An employer may pay an employee by direct deposit. SD Statute 60-11-9


Payroll Card

South Dakota labor laws do not have any laws addressing whether an employer may pay wages to employees through a payroll card account.


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. SD Statute 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. SD Statute 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. SD Statute 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. SD Statute 60-11-13


Deductions from Wages

South Dakota does not have any laws regarding what deductions may or may not be taken from an employee’s 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. SD Statute 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.


Notice 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.


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