South Dakota Employment Law: What are Employment Laws in South Dakota?
Work days and hours
South Dakota State laws do not specify the working days of the week, and hence Federal laws would be applied and a total of 168 hours would be considered. Of the seven work days, it is mandatory to provide one work day off as rest for 24 hours. Special permission can be taken if employees voluntarily are ready to work without a break.
As per Federal laws, a total of 40 hours of work per week is classified as regular work hours. According to Federal laws, an employee must be given a break time for meals of at least 20 minutes. For more than 30 minutes break, payment is not required.
No minor is allowed to work in any hazardous or dangerous operations. Minors below 15 are not allowed to work during school hours and more than 4 hours on school days and 8 hours on non-school days.
Leave in South Dakota
- Sick leave: South Dakota laws do not require sick leave to be provided. An employer may do so as per the employment contract with the employee.
- Vacation leave: South Dakota does not mandate paid or unpaid vacation benefits to be given to employees. They need to provide it only if they have committed to do so at the time of joining.
- Holiday leave: There is no provision for holiday leave in South Dakota.
- Jury duty leave: An employer is required to allow employees to go for jury duty, but is not required to grant leave.
- Voting leave: South Dakota permits employees to take 2 hours of paid leave to vote. The 2 hours duration would be decided by the employer.
Payment in South Dakota
The state requires that employees should be paid for all the hours they put in at work. This includes work they do at the employer’s site and other sites. As South Dakota laws do not stipulate this, federal laws would be applicable.
Time for travel taken for any work for the employers benefit should also be considered in the work hours.
Regarding meeting, training and other such activities, South Dakota have no laws, and hence Federal law is applicable, which requires that this should be counted as a part of work hours.
Overtime needs to be paid at one and a half times regular pay if employees have to work more than 40 hours a week. This is as per Federal law since South Dakota does not have laws related to overtime.
South Dakota has a minimum wage law, according to which the minimum wage per hour to be paid to employees is $9.10.
The minimum wage for employees who receive tips is $4.55 per hour as per state law
Trainees, apprentices, learners, and the disabled can be given a wage less than the minimum wage with prior permission.
At the time of joining, employees need to be given a wage notice with details of wages paid, time and place of payment, etc. Wage stubs must be provided every month to employees.
South Dakota laws state that the frequency of payment for employees must be once a month.
Employees can be paid by cash or check (without deductions) or direct deposit
Deductions are allowed for damages, uniforms, cash shortages, and tools. Deductions should not lead to paying less than the minimum wage.
Other issues in South Dakota
- The workplace needs to be smoke-free.
- Use of phones for texting while driving is not allowed.
- South Dakota laws make it mandatory for equal pay for equal work for both men and women. Discrimination on race, religion, color, etc. is not allowed.