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60-12-4      Repealed.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60-12-10      Superseded.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.

60-12-1. Maximum hours for children under sixteen--Exceptions--Misdemeanor.

No unemancipated child under sixteen years of age may be employed for more than four hours in any school day, twenty hours in any school week, eight hours in any nonschool day, forty hours in any nonschool week, or after 10 p.m. in any day that precedes a school day. The provisions of this section do not apply to children employed as actors or performers in motion pictures, theatrical, radio, or television productions. The provisions of this section do not apply to roguing or detasselling of hybrid seedcorn for any nonschool day or nonschool week. The employment of a child in violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, §§ 17.0601, 17.9901; SDCL, § 60-12-10; SL 1973, ch 303, § 1; SL 1978, ch 359, § 2; SL 1991, ch 411, § 1; SL 1992, ch 360; SL 1994, ch 391.

60-12-1.1. School day and school week defined.

As used in this chapter, a school day is any day on which the child's own school or other educational program is operating and the child is expected to attend. A school week is a week during which the child's own school or other educational program is operating and the child is expected to attend.

Source: SL 2014, ch 247, § 2.

60-12-2. Employment of child under fourteen years of age restricted--Violation as misdemeanor.

No child under fourteen years of age may be employed at any time in any factory or workshop or about any mine, nor be employed in any mercantile establishment except during hours when the child's own school or other educational program is not in session and in no case after seven o'clock p.m. Violation of this section is a Class 2 misdemeanor.

Source: SL 1913, ch 240, §§ 2, 8; RC 1919, §§ 10015, 10021; SL 1923, ch 308, § 2; SDC 1939, §§ 17.0602, 17.9901; SDCL § 60-12-10; SL 1978, ch 359, § 2; SL 2008, ch 276, § 90; SL 2014, ch 247, § 1.

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.

No child under sixteen years of age may be employed at any time in any occupation dangerous to life, health, or morals, nor may any child be in any manner exploited by any employer. However, it is permissible to employ children over fourteen years of age to dispense gasoline, gasohol, diesel fuel, and oil at gasoline service establishments. Violation of this section is a Class 2 misdemeanor. This section does not apply to minors employed by their parents or to minors who have successfully completed a safety course and received a license, permit, or certificate from a state or federal agency to operate agricultural equipment or otherwise to be employed in any occupation in an agricultural occupation within the scope of the license, permit, or certificate.

Source: SDC 1939, §§ 17.0602, 17.9901; SDCL, § 60-12-10; SL 1976, ch 320; SL 1977, ch 419; SL 1978, ch 359, § 2; SL 1980, ch 362, § 2; SL 1991, ch 411, § 2; SL 1993, ch 376; SL 1999, ch 260, § 3.

60-12-4. Repealed by SL 1991, ch 411, § 3.

60-12-5. Labor of minor necessary for support--Permit authorizing employment.

If it appears upon investigation that the labor of a minor who would otherwise be barred from employment by law is necessary for the minor's support or that of the family to which the minor belongs, the Department of Labor and Regulation may issue a permit authorizing employment within certain hours to be fixed therein.

Source: SL 1913, ch 240, § 5; RC 1919, § 10018; SDC 1939, § 17.0604; SL 1991, ch 411, § 4; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

60-12-6. Records of employment of children required--Public inspection--Misdemeanor.

Every employer shall keep a list of all persons employed under the provisions of § 60-12-5 and shall keep the required certificates and permits filed therewith and open to inspection at all times by any person interested or any public official. Violation of this section is a Class 2 misdemeanor.

Source: SL 1913, ch 240, §§ 3, 8; RC 1919, §§ 10016, 10021; SDC 1939, §§ 17.0605, 17.9901; SDCL, § 60-12-10; SL 1978, ch 359, § 2.

60-12-7. Cleanliness, ventilation and rest rooms in shops employing children--Dressing rooms--Misdemeanor.

Every factory, mill, or workshop where children are employed shall be kept clean, be properly ventilated and provided with rest rooms for the separate use of male and female employees, and at all times kept in a sanitary condition. Whenever the labor is such as to require a change of clothing separate dressing rooms shall be provided for the sexes. Violation of this section is a Class 2 misdemeanor.

Source: SL 1913, ch 240, §§ 6, 8; RC 1919, §§ 10019, 10021; SDC 1939, §§ 17.0606, 17.9901; SDCL, § 60-12-10; SL 1973, ch 303, § 3; SL 1978, ch 359, § 2.

60-12-8. Cleanliness of interior of factory--Misdemeanor.

The interior of every factory or workshop in this state where children are employed shall be cleaned or painted at least once in every twelve months. Every floor of any room in any such factory or workshop shall be thoroughly cleaned at least once in two weeks and every dressing room and rest room therein or connected therewith shall be thoroughly cleaned once every week. Violation of this section is a Class 2 misdemeanor.

Source: SL 1913, ch 240, §§ 7, 8; RC 1919, §§ 10020, 10021; SDC 1939, §§ 17.0606, 17.9901; SDCL, § 60-12-10; SL 1973, ch 303, § 4; SL 1978, ch 359, § 2.

60-12-9. Seats for children required--Violation as misdemeanor.

In any mercantile or manufacturing establishment, hotel, or restaurant where children are employed, suitable seats shall be maintained in the room where such employees work and such use thereof permitted as may be necessary for preservation of the health of such employees. Violation of this section is a Class 2 misdemeanor.

Source: SL 1913, ch 240, §§ 8, 9; RC 1919, §§ 10021, 10022; SDC 1939, §§ 17.0606, 17.9901; SDCL § 60-12-10; SL 1973, ch 303, § 5; SL 1978, ch 359, § 2; SL 2008, ch 276, § 91.

60-12-10. Superseded.

60-12-11. Enforcement of child labor laws.

The Department of Labor and Regulation shall enforce all the laws of this state relative to employment of children.

Source: SL 1949, ch 215, § 3; SDC Supp 1960, § 17.1003 (2); SL 1973, ch 303, § 6; SL 2008, ch 276, § 92; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

60-12-12. Investigation of complaints by department--Criminal prosecution.

The Department of Labor and Regulation shall investigate any complaint made to the department as to violation of any of the laws of this state relative to employment of children, and independently without complaint shall at all times endeavor to ascertain violations of these laws. The department shall file criminal complaints against any violator of any law relating to employment of children. The department need not furnish security for costs as complainant in any action or proceeding instituted by the department.

Source: SL 1949, ch 215, § 3; SDC Supp 1960, § 17.1003 (2); SL 1973, ch 303, § 7; SL 2008, ch 276, § 93; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

60-12-13. Visitation and inspection of places of employment by department.

All places where children are employed and whose employment is in any manner regulated by law, shall at all times be subject to the visitation and inspection of the Department of Labor and Regulation.

Source: SL 1949, ch 215, § 3; SDC Supp 1960, § 17.1003 (2); SL 1973, ch 303, § 8; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

60-12-14. Superintendent's visitation of places of employment.

Every factory, workshop, mine, mercantile establishment, or other place in or in connection with which children are engaged at labor of any kind shall at all times be subject to visitation by the superintendent of schools of the school district in which located or of the child's residence.

Source: SL 1949, ch 215, § 3; SDC Supp 1960, § 17.1003 (2); SL 1973, ch 303, § 9.

60-12-15. Equal pay for equal work--Discrimination based on sex prohibited.

No employer may discriminate between employees on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength.

Source: SL 1966, ch 64, § 1; SL 2008, ch 276, § 94.

60-12-16. Differentials excluded from prohibition.

Differentials which are paid pursuant to established seniority systems, job descriptive systems, merit increase systems, or executive training programs, which do not discriminate on the basis of sex, are not within the prohibition of § 60-12-15.

Source: SL 1966, ch 64, § 1.

60-12-17. Terms and conditions of employment--Employers required to maintain records.

Each employer of more than twenty-five persons shall make, keep, and maintain the records of the wage and wage rates, job classifications, and other terms and conditions of employment of each person employed, and shall preserve the records for a reasonable period of time.

Source: SL 1966, ch 64, § 2; SL 2008, ch 276, § 95.

60-12-18. Liability of employer for sex discrimination in wages--Other remedies unimpaired.

An employer who violates the provisions of § 60-12-15 is liable to an employee affected in the amount of the employee's unpaid wages.

Action to recover the liability may be maintained in a court of competent jurisdiction by one or more employees for themselves and other employees similarly situated. The court in the action may in addition to a judgment awarded to the plaintiff, allow a reasonable attorney fee to be paid by the defendant and costs. This section does not limit a cause of action under chapter 20-13.

Source: SL 1966, ch 64, § 3; SL 1978, ch 153, § 9; SL 2008, ch 276, § 96.

60-12-19. Action to recover unpaid wages--Agreement to work for less no defense.

An agreement by an employee to work for less than the wage to which such employee is entitled to under §§ 60-12-15 to 60-12-21, inclusive, is not a defense to the action.

Source: SL 1966, ch 64, § 3.

60-12-20. Time for commencement of action for unpaid wages.

Court action under § 60-12-18 may be commenced no later than two years after the cause of action occurs.

Source: SL 1966, ch 64, § 3.

60-12-21. Employer prohibited from threatening employee to prevent enforcement of discrimination provisions.

No employer may, for the purpose of dissuading an employee from preferring charges or giving information against the employer or testifying against the employer in an action brought under § 60-12-18, threaten termination of the employ of the employee or other retaliatory action, or terminate the employ of the employee or take other retaliatory action.

Source: SL 1966, ch 64, § 4; SL 2008, ch 276, § 97.