|Fair Employment Practices
|All employers are subject to the South Dakota Human Relations Act (SDHRA), which forbids harassment and discrimination based on protected characteristics such as race, color, creed, religion as well as gender, ancestry, and national origin.
Additionally, it is illegal for an employer to take adverse action against someone who reports a violation of the SDHRA or who testifies, assists, or otherwise participates in an SDHRA inquiry, hearing, or other procedure.
|Employers are prohibited from paying employees in any state occupation wages less than what they pay employees of the opposite sex for comparable work in terms of skill, effort, and responsibility but not physical strength. Per valid, non-discriminatory criteria (such as seniority systems, job description systems, merit raise systems, and executive training programs), the law enables pay differences between male and female employees.
|South Dakota's hourly minimum wage is $10.80. Each year, it is updated for inflation. Employees who receive tips may receive a lower minimum wage rate.
|In general, children under 16 are not allowed to work at any time in any occupation that risks their lives, health, or morality, and no employer is permitted to use them in any way.
|Health Care Continuation
|Employers with fewer than 20 employees are required by South Dakota's Health Care Continuity Coverage Law to give eligible workers and their covered dependents the option to choose continued health care coverage if it is lost due to a worker's death, divorce, legal separation, or eligibility for Medicare, or if the employee no longer qualifies as a dependent.
|Any wages owed to workers in South Dakota must be paid at least once each month or on a regular, predetermined payday set by the employer in advance.
|Leaves of Absence
|Only a few laws apply to all employers in South Dakota regarding mandated time off and leaves of absence. These statutes cover leave for jury service, the armed forces, voting, and legislative duties.
|In South Dakota, smoking is prohibited in all enclosed workplaces, including pubs and eateries. Electronic smoking devices are included in what is forbidden smoking.
|Safe Driving Practices
|In South Dakota, the use of mobile electronic devices while driving is forbidden.
|Terminated employees must be paid by their next regular payday or as soon as possible after they return any employer property that may still be in their possession.