Chapter
01. Nature And Terms Of Employment
02. Obligations Of Employer And Employee
03. Gratuitous Employees
04. Termination Of Employment
05. Administration Of Labor Laws
06. State Employment Service
06A. Private Employment Agencies [Repealed]
06B. Services For Displaced Homemakers [Repealed]
07. Committee On Employment Of The Handicapped [Repealed And Transferred]
08. Interference With Employment
09. Labor Unions
09A. Collective Bargaining
10. Labor Disputes, Picketing And Boycotts
11. Wages, Hours And Conditions Of Employment
12. Child Labor--Discrimination On Basis Of Sex
13. Employee Benefit Trusts
14. Nannies
CHAPTER 60-1
NATURE AND TERMS OF EMPLOYMENT
60-1-1 Employee defined.
60-1-2 Contract of employment defined.
60-1-3 Relevancy of wage estimation period in determining term of employment.
60-1-4 Presumption as to monthly hiring.
60-1-5 Continuation in service--Renewal presumed on same terms.
60-1-6 Franchisee or employee of franchisee not an employee of franchisor.
60-1-7 Delivery facilitation contractor considered an independent contractor--Criteria--Services performed before July 1, 2022.
60-1-8 Delivery facilitation contractor and delivery facilitation platform defined.
60-2-1
Indemnification of employee by employer--Exceptions.
60-2-2
Losses for which employer not required to indemnify employee.
60-2-3
Employer to indemnify for his own negligence.
60-2-4
Service with ordinary care and diligence.
60-2-5
Duties of employee for his own benefit.
60-2-6
Contract for service limited to two years.
60-2-7
Obedience to employer required--Exceptions.
60-2-8
Duty of employee to conform to usage--Exception.
60-2-9
Degree of skill required of employee.
60-2-10
Products of employment belong to employer--Exception.
60-2-11
Duty of employee to account.
60-2-12
Employee not bound to deliver without demand.
60-2-13
Preference to employer's business.
60-2-14
Preference between employers according to urgency.
60-2-15
Responsibility of employee for substitute.
60-2-16
Responsibility to employer for misconduct.
60-2-17
Duty of surviving employee.
60-2-18
Day's labor defined.
60-2-19
Duty of employee to deliver things received.
60-2-20
Use of genetic information in employment practices prohibited--Exceptions--Action
for damages.
60-2-21
"Genetic information" defined.
60-3-1
Diligence and care required.
60-3-2
Duty of employee under power of attorney.
60-4-1
Death or incapacity of employer.
60-4-2
Expiration of appointed term--Extinction of subject--Death or incapacity of
employee.
60-4-3
Employee must continue in certain cases.
60-4-4
Termination at will.
60-4-5
Neglect or breach of duty--Incapacity to perform.
60-4-6
Breach of obligation of employer.
60-4-7, 60-4-8. Repealed.
60-4-9
Discharge of employee--Misconduct or immorality.
60-4-10
Discharge of employee--Concealment of misconduct.
60-4-11
Discrimination against employee off-duty use of tobacco.
60-4-12
Presumption of good faith disclosure of employment information to prospective
employers.
60-5-1, 60-5-2. Repealed.
60-5-3
Superseded.
60-5-4
Department created--Functions and responsibility.
60-5-4.1
Repealed.
60-5-5 to 60-5-8. Repealed.
60-5-9
Superseded.
60-5-10
Appointment of employees.
60-5-11
Department enforcement of labor laws.
60-5-12
Repealed.
60-5-13
Executed.
60-5-14
Enforcement of laws relating to minors--Separate division in department.
60-5-15
Investigation and prosecution of violations of labor laws--Duty of state's attorneys.
60-5-16
Repealed.
60-5-17
Superseded.
60-5-18
Fees established by rule.
CHAPTER 60-6
STATE EMPLOYMENT SERVICE
60-6-1 Free employment service--Acceptance of federal provisions.
60-6-2 60-6-2, 60-6-2.1. Repealed by SL 2008, ch 276, §§ 37, 38.
60-6-3 Department and secretary defined.
60-6-4 Cooperation with offices and agencies of the United States.
60-6-5 60-6-5, 60-6-6. Repealed by SL 2008, ch 276, §§ 41, 42.
60-6-7 Federal funds paid into special employment service account-- Expenditure by secretary.
60-6-8 Acceptance of funds, services, or quarters as contribution to employment service account.
60-6-9 60-6-9 to 60-6-13. Repealed by SL 2008, ch 276, §§ 45 to 49.
60-6-14 Employees--Appointment--Location.
60-6-15 60-6-15 to 60-6-17. Repealed by SL 2008, ch 276, §§ 51 to 53.
60-6-18 Aid to employees in enforcement of claims--Duties of secretary.
60-6-19 60-6-19 to 60-6-21. Repealed by SL 2014, ch 246, § 1 to 3.
60-6-22 Solicitation of business for public employment offices.
60-6-23 Repealed.
60-6-24 Fees for services not permitted--Violation as misdemeanor--Disqualification from office.
60-7-1
Transferred.
60-7-1.1
Repealed.
60-7-2
Transferred.
60-7-3 to 60-7-6. Repealed.
60-7-7
Transferred.
60-8-1
Intimidation of employees--Misdemeanor.
60-8-2
Intimidation of employers--Misdemeanor.
60-8-3
Denial of right to work because of membership or nonmembership in union--Misdemeanor.
60-8-4
Agreement denying free exercise of right to work as misdemeanor.
60-8-5
Coercion to enter into agreement denying free exercise of right to work as
misdemeanor.
60-8-6
Coercion of employee to join labor organization--Misdemeanor.
60-8-7
Repealed.
60-8-8
Violation of right to work law--Investigations by state's attorney--Prosecutions.
60-9-1
Labor organization--Actions by and against--Funds subject to execution--Service of
process.
60-9-2
Enforcement of money judgment against labor organization.
60-9-3
Rights and liabilities of individual members--Actions by and against, joint or several.
60-9-4
Collective bargaining agreement--Enforcement--Remedies for breach.
60-9-5
Injunctive relief in labor dispute--Cost bond only bond required.
60-9-6
Statement of income and expenditures by union--Filing with secretary of state--Violation as misdemeanor.
60-9-7
Agricultural premises--Entry for union purposes restricted--Violation as
misdemeanor.
60-9-8
Compensation for services to agricultural employer for labor union connection
prohibited--Misdemeanor.
60-9-9
Repealed.
60-9A-1
Definition of terms.
60-9A-2
Rights of employees--Labor organizations--Collective bargaining.
60-9A-3
Collective bargaining unit as exclusive representative of employees--Individual
grievances excepted.
60-9A-4
Administration and enforcement.
60-9A-5
Jurisdiction of department over labor disputes and grievances.
60-9A-6
Determinations as to composition of bargaining unit--Certification.
60-9A-7
Investigation of bargaining unit questions--Election by employees--Waiting period
before reconsideration.
60-9A-8
Tentative settlements--Recommendations to employer and bargaining units.
60-9A-9
Implementation of labor agreements--Failure to bargain in good faith.
60-9A-10
Request for departmental intervention on failure to agree--Other procedures allowed.
60-9A-11
Repealed.
60-9A-12
Unfair practices by employers.
60-9A-13
Unfair practices by collective bargaining units.
60-9A-14
Closed shop and agency shop contracts not authorized.
60-9A-15
Repealed.
CHAPTER 60-10
LABOR DISPUTES, PICKETING AND BOYCOTTS
60-10-1 Conciliation of labor dispute by Department of Labor and Regulation.
60-10-2 Unsuccessful efforts to conciliate--Investigation of matters in difference--Recommendation for settlement.
60-10-3 Appointees of parties to assist in investigations.
60-10-4 Picketing of agricultural premises as misdemeanor.
60-10-5 Boycott of nonunion products as misdemeanor.
60-10-6 Repealed by SL 1978, ch 359, § 3.
60-10-7 Right to strike or right to work unaffected, exception.
60-10-8 Severability of provisions relating to agricultural workers.
60-10-9 Repealed by SL 1989, ch 445, § 1.
60-10-10 Interference with right to work by use of force and violence as misdemeanor.
60-10-11 Obstructing entrance to premises--Interference with use of public way--Unlawful picketing--Misdemeanor.
60-10-12 Labor dispute--Violence and intimidation as misdemeanor--Unlawful destruction or seizure of property.
60-10-13 Repealed by SL 1989, ch 445, § 4.
60-10-13.1 Restrictions on number and location of pickets--Violation as misdemeanor.
60-10-14 Repealed by SL 1978, ch 359, § 3.
60-10-15 Violations of provisions restricting picketing and violence--Prosecutions.
60-10-16 Severability of provisions relating to picketing and violence.
CHAPTER 60-11
WAGES, HOURS AND CONDITIONS OF EMPLOYMENT
60-11-1 Manufacturing or mechanical occupations--Hours of labor.
60-11-2 Requiring employee to pay cost of medical examination prohibited--Misdemeanor--Employer and employee defined.
60-11-3 Minimum wage--Misdemeanor--Certain employees excluded.
60-11-3.1 Minimum wage for tipped employees--Tips credited toward minimum wage--Certain persons excluded.
60-11-3.2 Annual minimum wage adjustment.
60-11-3.3 Rejected by referendum.
60-11-4 Minimum wage--Agreement to work for less ineffective.
60-11-4.1 Opportunity wage allowed.
60-11-5 Exemptions from minimum wage provisions.
60-11-6 Repealed by SL 1978, ch 359, § 3.
60-11-7 Liability of employer for double damages for breach of obligation to pay wages.
60-11-8 Employers subject to wage payment requirements.
60-11-9 Monthly wage payments required--Agreed pay day--Form of payment.
60-11-10 Prompt payment of wages due on separation by employer--Withholding for return of employer's property.
60-11-11 Payment on regular pay day after resignation by employee--Withholding for return of employer's property.
60-11-12 Payment on regular pay day during labor dispute--Return of deposit for faithful performance.
60-11-13 Payment of conceded wages when amount in dispute--Acceptance not a release of balance.
60-11-14 Provisions applicable to cash wages only.
60-11-15 Employer's intentional refusal to pay wages--Misdemeanor.
60-11-16 Fraudulent claim by employee--Misdemeanor.
60-11-17 Department to investigate and prosecute violations--Hearings--Access to employer's records.
60-11-17.1 Reprisals because of wage complaints or proceedings prohibited.
60-11-18 Department may take assignment of employees' claims-- Prosecution--Joinder of actions.
60-11-19 Assignment of employees' claims in trust to department--Prosecution--Settlement and adjustment.
60-11-20 Promulgation of rules.
60-11-21 Reciprocal agreements with other states for enforcement of wage claims.
60-11-22 Maintenance of actions outside state by department--Assignment to other state for collection.
60-11-23 Actions in South Dakota on claims arising in other states--Reciprocation required.
60-11-24 Action removed by defendant--Plaintiff's costs and attorney fees.
60-12-1
Maximum hours for children under sixteen--Exceptions--Misdemeanor.
60-12-1.1
School day and school week defined.
60-12-2
Employment of child under fourteen years of age restricted--Violation as
misdemeanor.
60-12-3
Prohibited employment or exploitation of minors--Separate age limit for pumping
fuel--Misdemeanor--Employment by parents excepted--License, permit, or certificate
for agricultural employment.
60-12-4
Repealed.
60-12-5
Labor of minor necessary for support--Permit authorizing employment.
60-12-6
Records of employment of children required--Public inspection--Misdemeanor.
60-12-7
Cleanliness, ventilation and rest rooms in shops employing children--Dressing
rooms--Misdemeanor.
60-12-8
Cleanliness of interior of factory--Misdemeanor.
60-12-9
Seats for children required--Violation as misdemeanor.
60-12-10
Superseded.
60-12-11
Enforcement of child labor laws.
60-12-12
Investigation of complaints by department--Criminal prosecution.
60-12-13
Visitation and inspection of places of employment by department.
60-12-14
Superintendent's visitation of places of employment.
60-12-15
Equal pay for equal work--Discrimination based on sex prohibited.
60-12-16
Differentials excluded from prohibition.
60-12-17
Terms and conditions of employment--Employers required to maintain records.
60-12-18
Liability of employer for sex discrimination in wages--Other remedies unimpaired.
60-12-19
Action to recover unpaid wages--Agreement to work for less no defense.
60-12-20
Time for commencement of action for unpaid wages.
60-12-21
Employer prohibited from threatening employee to prevent enforcement of
discrimination provisions.
60-13-1
Trust for benefit of employees not invalidated by rule against perpetuities.
60-13-2
Validity of prior trust for benefit of employees.
60-14-1
Definition of terms.
60-14-2
Application of chapter.
60-14-3
Contract between agency and employer--Specifications.
60-14-4
Contract between agency and applicant.
60-14-5
Employment contract between prospective employer and nanny applicant.
60-14-6
Contract between employer and nanny voidable--Liability for costs.
