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 Private Employment Agencies [Repealed]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 Services For Displaced Homemakers [Repealed]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 Committee On Employment Of The Handicapped [Repealed And Transferred]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.
60-1-1. Employee defined.
An employee is a person who is employed to render personal service to an employer otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the employer.
Source: CivC 1877, § 1157; CL 1887, § 3780; RCivC 1903, § 1476; RC 1919, § 1100; SDC 1939, § 17.0501; SL 2008, ch 276, § 5.
60-1-2. Contract of employment defined.
The contract of employment is one where the employer engages the employee to do something for the employer or for a third person.
Source: CivC 1877, § 1128; CL 1887, § 3751; RCivC 1903, § 1447; RC 1919, § 1071; SDC 1939, § 17.0101.
60-1-3. Relevancy of wage estimation period in determining term of employment.
The length of time which an employer and employee adopt for the estimation of wages is relevant to a determination of the term of employment.
Source: CivC 1877, § 1158; CL 1887, § 3781; RCivC 1903, § 1477; RC 1919, § 1101; SDC 1939, § 17.0502; SL 1985, ch 394.
60-1-4. Presumption as to monthly hiring.
In the absence of any agreement or custom as to the rate or value of wages, the term of service, or the time of payment, an employee is presumed to be hired by the month at a monthly rate of reasonable wages, to be paid when the service is performed.
Source: CivC 1877, § 1159; CL 1887, § 3782; RCivC 1903, § 1478; RC 1919, § 1102; SDC 1939, § 17.0503.
60-1-5. Continuation in service--Renewal presumed on same terms.
Where after the expiration of an agreement respecting the wages and the term of service the parties continue the relation of employer and employee, they are presumed to have renewed the agreement for the same wages and term of service.
Source: CivC 1877, § 1160; CL 1887, § 3783; RCivC 1903, § 1479; RC 1919, § 1103; SDC 1939, § 17.0504.
60-1-6. Franchisee or employee of franchisee not an employee of franchisor.
Notwithstanding any other provisions of law or any voluntary agreement between the United States Department of Labor and a franchisor, a franchisee or an employee of a franchisee is not considered an employee of the franchisor.
Source: SL 2017, ch 216, § 1.
60-1-7. Delivery facilitation contractor considered an independent contractor--Criteria--Services performed before July 1, 2022.
A delivery facilitation contractor is an independent contractor of a delivery facilitation platform if:
(1) The delivery facilitation contractor and delivery facilitation platform agree in writing that the delivery facilitation contractor is an independent contractor of the delivery facilitation platform;
(2) The delivery facilitation platform does not unilaterally prescribe specific hours during which the delivery facilitation contractor must be available to accept service requests submitted through the delivery facilitation platform's digital network;
(3) The delivery facilitation platform does not prohibit the delivery facilitation contractor from engaging in outside employment or performing services through another delivery facilitation platform except while the delivery facilitation contractor is performing services through the delivery facilitation platform's digital network; and
(4) The delivery facilitation platform may not terminate the contract of a delivery facilitation contractor for failure or refusal to accept service requests.
For services performed before July 1, 2022, a delivery facilitation contractor is considered an independent contractor of the delivery facilitation platform if the requirements of this section were satisfied at the time the services were performed.
Source: SL 2022, ch 188, § 1.
60-1-8. Delivery facilitation contractor and delivery facilitation platform defined.
Terms used in § 60-1-7 mean:
(1) "Delivery facilitation contractor," a person who:
(a) Enters into a written agreement with a delivery facilitation platform to use the delivery facilitation platform's digital network to connect with customers seeking services offered by a delivery facilitation contractor;
(b) Performs services for customers through a delivery facilitation platform's digital network in exchange for value; and
(c) Does not perform services at a physical business location operated by the delivery facilitation platform, if any, in this state.
The term does not include a person transporting freight, sealed or closed envelopes, boxes, parcels, or other similar sealed or closed containers for compensation. The term includes a transportation network company driver as defined in § 32-40-1;
(2) "Delivery facilitation platform," a person who:
(a) Maintains a digital network to facilitate services by a delivery facilitation contractor to customers seeking those services; and
(b) Accepts requests from customers only through the delivery facilitation platform's digital network.
The term includes a transportation network company as defined in § 32-40-1.
Source: SL 2022, ch 188, § 2.
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.
60-2-1. Indemnification of employee by employer--Exceptions.
An employer shall indemnify an employee, except as provided in § 60-2-2 for all that the employee necessarily expends or loses in direct consequence of the discharge of the employee's duties, or of the employee's obedience to the direction of the employer, even though unlawful, unless the employee at the time of obeying such directions believed such directions to be unlawful.
Source: CivC 1877, § 1129; CL 1887, § 3752; RCivC 1903, § 1448; RC 1919, § 1072; SDC 1939, § 17.0201; SL 2008, ch 276, § 6.
60-2-2. Losses for which employer not required to indemnify employee.
An employer, except as otherwise specially provided, is not bound to indemnify an employee for losses suffered by the employee in consequence of the ordinary risks of the business in which employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless the employer has neglected to use ordinary care in the selection of the culpable employee.
Source: CivC 1877, § 1130; CL 1887, § 3753; RCivC 1903, § 1449; RC 1919, § 1073; SDC 1939, § 17.0202; SL 2008, ch 276, § 7.
60-2-3. Employer to indemnify for his own negligence.
An employer shall in all cases indemnify an employee for losses caused by the employer's want of ordinary care.
Source: CivC 1877, § 1131; CL 1887, § 3754; RCivC 1903, § 1450; RC 1919, § 1074; SDC 1939, § 17.0203; SL 2008, ch 276, § 8.
60-2-4. Service with ordinary care and diligence.
Any person who agrees to serve another for a good consideration shall perform the service with ordinary care and diligence so long as employed.
Source: CivC 1877, § 1135; CL 1887, § 3758; RCivC 1903, § 1454; RC 1919, § 1078; SDC 1939, § 17.0303; SL 2008, ch 276, § 9.
60-2-5. Duties of employee for his own benefit.
Any person at the person's own request to do that which is more for the person's advantage than for an employer shall use great care and diligence to protect the interest of the employer.
Source: CivC 1877, § 1136; CL 1887, § 3759; RCivC 1903, § 1455; RC 1919, § 1079; SDC 1939, § 17.0304; SL 2008, ch 276, § 10.
60-2-6. Contract for service limited to two years.
No contract to render personal service may be enforced against the employee beyond the term of two years from the commencement of service under the contract, but if the employee voluntarily continues services under the contract beyond that time, the contract may be referred to as affording a presumptive measure of the consideration.
Source: CivC 1877, § 1137; CL 1887, § 3760; RCivC 1903, § 1456; RC 1919, § 1080; SDC 1939, § 17.0104; SL 2008, ch 276, § 11.
60-2-7. Obedience to employer required--Exceptions.
An employee shall substantially comply with all the directions of the employer concerning the service on which the employee is engaged, even though contrary to the provisions of law on the subject of employer and employee, unless obedience is impossible, or unlawful, or would impose new and unreasonable burdens upon the employee, or in case of an emergency, which according to the best information which the employee can with reasonable diligence obtain, the employer did not contemplate, and in which the employer cannot with reasonable diligence be consulted, and in which noncompliance is judged by the employee, in good faith, and in the exercise of reasonable discretion, to be absolutely necessary for the protection of the employer's interests. In all such cases, the employee shall conform as nearly to the directions of the employer as may be reasonably practicable and most for the interest of the employer.
Source: CivC 1877, § 1138; CL 1887, § 3761; RCivC 1903, § 1457; RC 1919, § 1081; SDC 1939, § 17.0305; SL 2008, ch 276, § 12.
60-2-8. Duty of employee to conform to usage--Exception.
An employee shall perform a service in conformity to the usage of the place of performance unless otherwise directed by the employer, or unless it is impracticable, or manifestly injurious to the employer to do so.
Source: CivC 1877, § 1139; CL 1887, § 3762; RCivC 1903, § 1458; RC 1919, § 1082; SDC 1939, § 17.0306; SL 2008, ch 276, § 13.
60-2-9. Degree of skill required of employee.
An employee shall use reasonable skill unless the employer has notice of the employee's want of skill before employing the employee. The employee shall always use all skill that the employee possesses, as far as required, for the service specified.
Source: CivC 1877, §§ 1140, 1141; CL 1887, §§ 3763, 3764; RCivC 1903, §§ 1459, 1460; RC 1919, §§ 1083, 1084; SDC 1939, § 17.0307; SL 2008, ch 276, § 14.
60-2-10. Products of employment belong to employer--Exception.
Anything that an employee acquires by virtue of employment, lawfully or unlawfully, during or after the term of employment belongs to the employer, excepting any compensation due the employee.
Source: CivC 1877, § 1142; CL 1887, § 3765; RCivC 1903, § 1461; RC 1919, § 1085; SDC 1939, § 17.0308; SL 2008, ch 276, § 15.
60-2-11. Duty of employee to account.
An employee shall, on demand, render to the employer just accounts of all the employee's transactions in the course of the employee's service as often as may be reasonable, and shall, without demand, give prompt notice to the employer of everything which the employee receives on account.
Source: CivC 1877, § 1143; CL 1887, § 3766; RCivC 1903, § 1462; RC 1919, § 1086; SDC 1939, § 17.0309; SL 2008, ch 276, § 16.
60-2-12. Employee not bound to deliver without demand.
An employee who receives anything on account of an employer in any capacity other than that of a mere employee, is not bound to deliver it to the employer until demanded, and is not at liberty to send it to the employer from a distance without demand, in any mode involving greater risk than its retention by the employee.
Source: CivC 1877, § 1144; CL 1887, § 3767; RCivC 1903, § 1463; RC 1919, § 1087; SDC 1939, § 17.0310; SL 2008, ch 276, § 17.
60-2-13. Preference to employer's business.
An employee who has any business to transact on the employee's own account, similar to that entrusted to the employee by the employer, shall always give the employer the preference.
Source: CivC 1877, § 1145; CL 1887, § 3768; RCivC 1903, § 1464; RC 1919, § 1088; SDC 1939, § 17.0311; SL 2008, ch 276, § 18.
60-2-14. Preference between employers according to urgency.
If an employee is entrusted with similar affairs by different employers, the employee shall give the different employers preference according to their relative urgency, or other things being equal, according to the order in which the different employers were committed to the employee.
Source: CivC 1877, § 1145; CL 1887, § 3768; RCivC 1903, § 1464; RC 1919, § 1088; SDC 1939, § 17.0311; SL 2008, ch 276, § 19.
60-2-15. Responsibility of employee for substitute.
An employee who is expressly authorized to employ a substitute is liable to the employee's principal only for want of ordinary care in the employee's selection. The substitute is directly responsible to the principal.
Source: CivC 1877, § 1146; CL 1887, § 3769; RCivC 1903, § 1465; RC 1919, § 1089; SDC 1939, § 17.0312; SL 2008, ch 276, § 20.
60-2-16. Responsibility to employer for misconduct.
An employee who is guilty of willful and wanton misconduct is liable to the employer for the damage thereby caused to the employer. The employer is liable to the employee if the service is not gratuitous, for the value of the service only as is properly rendered.
Source: CivC 1877, § 1147; CL 1887, § 3770; RCivC 1903, § 1466; RC 1919, § 1090; SDC 1939, § 17.0313; SL 2008, ch 276, § 21.
60-2-17. Duty of surviving employee.
If service is rendered by two or more persons jointly, and one of them dies, the survivor shall act alone if the service to be rendered is such that the survivor can rightfully perform without the aid of the deceased person, but not otherwise.
Source: CivC 1877, § 1148; CL 1887, § 3771; RCivC 1903, § 1467; RC 1919, § 1091; SDC 1939, § 17.0314; SL 2008, ch 276, § 22.
60-2-18. Day's labor defined.
A day's labor for employees is to the extent as is usual in the business in which they serve not exceeding ten hours in the day unless the employer and employee expressly agree to the contrary.
Source: CivC 1877, § 1161; CL 1887, § 3784; RCivC 1903, § 1480; RC 1919, § 1104; SDC 1939, § 17.0505; SL 1984, ch 332.
60-2-19. Duty of employee to deliver things received.
An employee shall deliver to the employer as soon as with reasonable diligence the employee can find the employer, anything that the employee receives for the employer's account, without demand. However, the employee is not bound, without orders from the employer, to send anything to the employer through another person.
Source: CivC 1877, § 1162; CL 1887, § 3785; RCivC 1903, § 1481; RC 1919, § 1105; SDC 1939, § 17.0506; SL 2008, ch 276, § 23.
60-2-20. Use of genetic information in employment practices prohibited--Exceptions--Action for damages.
It is an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information, as defined in § 60-2-21, of an employee or a prospective employee to distinguish between or discriminate against employees or prospective employees or restrict any right or benefit otherwise due or available to an employee or a prospective employee. However, it is not an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information if:
(1) The employer is a law enforcement agency conducting a criminal investigation; or
(2) The employer relies on the test results from genetic information obtained by law enforcement through a criminal investigation, the employer legally acquires the test results, the employer keeps the test results confidential except as otherwise required by law, and the employer uses the test results for the limited purpose of taking disciplinary action against the employee based only on the alleged misconduct.
Any employee or prospective employee claiming to be aggrieved by this unlawful employment practice may bring a civil suit for damages in circuit court. The court may award reasonable attorney fees and costs in addition to any judgment awarded to the employee or prospective employee.
Source: SL 2001, ch 290, § 1.
60-2-21. "Genetic information" defined.
For the purposes of § 60-2-20, genetic information is information about genes, gene products, and inherited characteristics that may derive from the individual or a family member. This includes information regarding carrier status and information derived from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations, family histories, and direct analysis of genes or chromosomes.
Source: SL 2001, ch 290, § 2.
60-3-1
Diligence and care required.
60-3-2
Duty of employee under power of attorney.
60-3-1. Diligence and care required.
Any person who undertakes to do a service for another without consideration is not bound to perform the service unless it is entrusted to the person at the person's own request in which case the person shall perform fully. If the person commences performance, the person shall use slight diligence and care at least. In other cases, a gratuitous employee may relinquish the employment at any time.
Source: CivC 1877, §§ 1132, 1133; CL 1887, §§ 3755, 3756; RCivC 1903, §§ 1451, 1452; RC 1919, §§ 1075, 1076; SDC 1939, § 17.0301; SL 2008, ch 276, § 24.
60-3-2. Duty of employee under power of attorney.
A gratuitous employee who accepts a written power of attorney shall act under it so long as it remains in force, or until the employee gives notice to the employer that the employee will no longer do so.
Source: CivC 1877, § 1134; CL 1887, § 3757; RCivC 1903, § 1453; RC 1919, § 1077; SDC 1939, § 17.0302; SL 2008, ch 276, § 25.
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.
60-4-1. Death or incapacity of employer.
An employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to the employee of:
(1) Death of the employer; or
(2) Legal incapacity of the employer to contract.
Source: CivC 1877, § 1150; CL 1887, § 3773; RCivC 1903, § 1469; RC 1919, § 1093; SDC 1939, § 17.0402; SL 2008, ch 276, § 26.
60-4-2. Expiration of appointed term--Extinction of subject--Death or incapacity of employee.
An employment is terminated:
(1) By expiration of its appointed term;
(2) By extinction of its subject;
(3) By death of the employee; or
(4) By legal incapacity of the employee to act as an employee.
Source: CivC 1877, § 1150; CL 1887, § 3773; RCivC 1903, § 1469; RC 1919, § 1093; SDC 1939, § 17.0402; SL 2008, ch 276, § 27.
60-4-3. Employee must continue in certain cases.
An employee, unless the term of the employee's service has expired, or unless the employee has a right to discontinue it at any time without notice, shall continue service after notice of the death or incapacity of the employer so far as is necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to the successor. The successor shall compensate the employee for the service according to the terms of the contract of employment.
Source: CivC 1877, § 1151; CL 1887, § 3774; RCivC 1903, § 1470; RC 1919, § 1094; SDC 1939, § 17.0403; SL 2008, ch 276, § 28.
60-4-4. Termination at will.
An employment having no specified term may be terminated at the will of either party on notice to the other, unless otherwise provided by statute.
Source: CivC 1877, § 1152; CL 1887, § 3775; RCivC 1903, § 1471; RC 1919, § 1095; SDC 1939, § 17.0401.
60-4-5. Neglect or breach of duty--Incapacity to perform.
An employment even for a specified term may be terminated at any time by the employer for habitual neglect of duty, continued incapacity to perform, or any willful breach of duty by the employee in the course of employment.
Source: CivC 1877, § 1153; CL 1887, § 3776; RCivC 1903, § 1472; RC 1919, § 1096; SDC 1939, § 17.0404; SL 2008, ch 276, § 29.
60-4-6. Breach of obligation of employer.
An employment even for a specified term may be terminated by the employee at any time for any willful or permanent breach of the obligations of the employer to the employee as such.
Source: CivC 1877, § 1154; CL 1887, § 3777; RCivC 1903, § 1473; RC 1919, § 1097; SDC 1939, § 17.0404.
60-4-7, 60-4-8. Repealed by SL 1971, ch 274, § 16.
60-4-9. Discharge of employee--Misconduct or immorality.
An employer may discharge any employee, whether engaged for a fixed term or not, if the employee is guilty of misconduct in the course of service or of gross immorality, though unconnected with the misconduct.
Source: CivC 1877, § 1163, subdiv 1; CL 1887, § 3786; subdiv 1; RCivC 1903, § 1482, subdiv 1; RC 1919, § 1106 (1); SDC 1939, § 17.0507 (1); SL 2008, ch 276, § 30.
60-4-10. Discharge of employee--Concealment of misconduct.
An employer may discharge any employee, whether engaged for a fixed term or not, if, being employed about the person of the employer or in a confidential position, the employer discovers that the employee has been guilty of misconduct before or after the commencement of service of such a nature that, if the employer had known or contemplated it, the employer would not have employed the employee.
Source: CivC 1877, § 1163, subdiv 2; CL 1887, § 3786, subdiv 2; RCivC 1903, § 1482, subdiv 2; RC 1919, § 1106 (2); SDC 1939, § 17.0507 (2); SL 2008, ch 276, § 31.
60-4-11. Discrimination against employee off-duty use of tobacco.
It is a discriminatory or unfair employment practice for an employer to terminate the employment of an employee due to that employee's engaging in any use of tobacco products off the premises of the employer during nonworking hours unless such a restriction:
(1) Relates to a bona fide occupational requirement and is reasonably and rationally related to the employment activities and responsibilities of a particular employee or a particular group of employees, rather than to all employees of the employer; or
(2) Is necessary to avoid a conflict of interest with any responsibilities to the employer or the appearance of such a conflict of interest.
Notwithstanding any other provisions of this chapter, the sole remedy for any person claiming to be aggrieved by a discriminatory or unfair employment practice as defined in this section shall be as follows: the person may bring a civil suit for damages in circuit court and may sue for all wages and benefits which have been due up to and including the date of the judgment had the discriminatory or unfair employment practice not occurred. However, nothing in this section may be construed to relieve such person from the obligation to mitigate damages. It is not a discriminatory or unfair employment practice pursuant to this section for an employer to offer, impose or have in effect a health or life insurance policy that makes distinctions between employees for the type of coverage or the cost of coverage based upon the employees' use of tobacco products. The provisions of this section shall not apply to full-time firefighters.
Source: SL 1991, ch 410.
60-4-12. Presumption of good faith disclosure of employment information to prospective employers.
Any employer or agent of the employer, who in writing, discloses information about the job performance of an employee or former employee to a prospective employer of that person at the written request of the prospective employer or the employee or former employee is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, may not be held liable for the disclosure or its consequences. Any written response to the written request shall be made available to the employee or the former employee upon written request. For purposes of this section, the presumption of good faith is rebutted upon a showing that the employer or agent of the employer:
(1) Recklessly, knowingly, or with a malicious purpose, disclosed false or deliberately misleading information; or
(2) Disclosed information subject to a nondisclosure agreement or information that is confidential under any federal or state law.
Source: SL 1996, ch 301.
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.
60-5-1, 60-5-2. Repealed by SL 1971, ch 275, § 11.
60-5-3. Superseded.
60-5-4. Department created--Functions and responsibility.
There is hereby created a department of state government which shall be known as the state Department of Labor and Regulation and which shall exercise all powers and perform all functions, duties and services relating to the field of labor and management relations as may be assigned by the Legislature. This department is charged with the responsibility of assisting employers and employees in meeting their respective obligations, and benefiting from their respective rights under the laws and in the areas so assigned to the department, all in the interest of the public welfare.
Source: SL 1971, ch 275, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-5-5 to 60-5-8. Repealed by SL 1976, ch 20, § 14.
60-5-9. Superseded.
60-5-10. Appointment of employees.
The secretary of labor and regulation shall appoint such other employees, including attorneys as may be necessary for the administration of the functions, duties and responsibilities as hereinafter provided.
Source: SL 1971, ch 275, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-5-11. Department enforcement of labor laws.
The Department of Labor and Regulation shall enforce all labor laws as found in chapters 60-1 to 60-5, chapters 60-8 to 60-13, and §§ 3-18-4 to 3-18-6.
Source: SL 1971, ch 275, § 5; SL 2008, ch 276, § 33; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-5-13. Executed.
60-5-14. Enforcement of laws relating to minors--Separate division in department.
The Department of Labor and Regulation shall enforce all the laws of this state pertaining to the employment of minors. The department may establish within the department a separate division or other organizational unit to administer and enforce all such laws.
Source: SL 1971, ch 275, § 8; SL 2008, ch 276, § 35; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-5-15. Investigation and prosecution of violations of labor laws--Duty of state's attorneys.
The Department of Labor and Regulation shall cause to be investigated all violations or suspected violations of labor laws. The various state's attorneys of the several counties are hereby charged with the responsibility for investigation and prosecution of violations and suspected violations of the labor laws. If any state's attorney shall fail to investigate any violation or shall fail to prosecute a known violation of the labor laws of South Dakota, the Department of Labor and Regulation shall conduct such investigation or prosecution.
Source: SL 1971, ch 275, § 7; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-5-16. Repealed by SL 1993, ch 375, § 8.
60-5-17. Superseded.
60-5-18. Fees established by rule.
The department may, by rules promulgated pursuant to chapter 1-26, establish and collect reasonable fees and charges, except fees prohibited by § 60-6-24, for the following:
(1) Fees, not to exceed one thousand dollars, for certification or renewal of certification of case management plans for workers' compensation claims;
(2) Fees, not to exceed twenty-five dollars, for searches of the files and records of the department;
(3) Fees for producing transcripts and copying any papers contained in the files and records of the department, at cost plus mailing;
(4) Fees paid for seminars, conferences, or workshops conducted by the department; and
(5) Fees paid for computer software and publications produced by the department.
All fees paid to the department pursuant to subdivisions (1), (2), (3), and (5) of this section shall be deposited with the state treasurer each calendar month by the tenth day of next month and shall be credited to the Department of Labor and Regulation special revenue fund. The money in the fund is continuously appropriated to the department for the purpose of paying the expense of administering and enforcing the provisions of Titles 60, 61, and 62. All fees collected pursuant to subdivision (4) of this section shall be deposited in the Department of Labor and Regulation's local bank account as authorized by § 4-4-3.
Source: SL 1994, ch 390; SL 2000, ch 254, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
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.
60-6-1. Free employment service--Acceptance of federal provisions.
The Department of Labor and Regulation shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purpose of performing such duties as are provided by 29 U.S.C. paragraph 49 c, as amended through July 1, 1999. These provisions of federal law are hereby accepted by this state. The Department of Labor and Regulation is designated as the agency of this state that is to cooperate with the federal government pursuant to this federal law.
Source: SL 1936 (SS), ch 3, § 12; SDC 1939, § 17.0813; SL 1939, ch 87, § 3; SL 1988, ch 410; SL 2008, ch 276, § 36; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-6-3. Department and secretary defined.
The term, department, as used in this chapter, means the Department of Labor and Regulation. The term, secretary, as used in this chapter, means the secretary of the Department of Labor and Regulation.
Source: SDC 1939, § 17.0701; SL 2008, ch 276, § 39; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-6-4. Cooperation with offices and agencies of the United States.
The secretary shall cooperate with any official or agency of the United States having powers or duties under the federal law referred to in § 60-6-1 and to do and perform all things necessary to secure to this state the benefits of that federal law in the promotion and maintenance of a system of public employment offices.
Source: SL 1936 (SS), ch 3, § 12; SDC 1939, § 17.0813; SL 1939, ch 87, § 3; SL 2008, ch 276, § 40.
60-6-7. Federal funds paid into special employment service account-- Expenditure by secretary.
Any money received by this state under the federal law referred to in § 60-6-1 shall be paid into the special employment service account in the employment security administration fund. Such money is available to the secretary to be expended as provided by this chapter and the federal law.
Source: SL 1936 (SS), ch 3, § 12; SDC 1939, § 17.0813; SL 1939, ch 87, § 3; SL 2008, ch 276, § 43.
60-6-8. Acceptance of funds, services, or quarters as contribution to employment service account.
For the purpose of establishing and maintaining free public employment offices, the secretary may enter into agreements with the railroad retirement board, or any other agency of the United States charged with the administration of a state reemployment assistance or unemployment compensation law, or with any political subdivision of this state, or with any private, nonprofit organization, and as a part of any such agreement the secretary may accept moneys, services, or quarters as a contribution to the employment service account.
Source: SL 1936 (SS), ch 3, § 12; SDC 1939, § 17.0813; SL 1939, ch 87, § 3; SL 2008, ch 276, § 44; SL 2019, ch 216, § 37.
60-6-14. Employees--Appointment--Location.
The secretary may appoint employees to carry out the provisions of this chapter. The employees may be located at points in the state which will best serve to carry out the provisions and intent of this chapter.
Source: SL 1920 (SS), ch 54, § 1; SDC 1939, § 17.0701; SL 2008, ch 276, § 50.
60-6-18. Aid to employees in enforcement of claims--Duties of secretary.
The secretary shall render all aid and assistance necessary for the enforcement of any claim by an employee against an employer which the secretary finds reasonable and just, and for the protection of the employee from frauds, extortions, exploitations, or other improper practices on the part of persons, public or private. The secretary shall investigate such claims for the purpose of presenting the facts to the proper authorities and of inducing action thereon by the various agencies of the state possessing the requisite jurisdiction.
Source: SL 1920 (SS), ch 54, § 4; SDC 1939, § 17.0705; SL 2008, ch 276, § 54.
60-6-22. Solicitation of business for public employment offices.
The secretary may solicit business for the public employment offices established under this chapter by advertising in newspapers and in any other way the secretary deems expedient and take other steps that the secretary deems necessary to ensure the success and efficiency of such offices. No expenditure under these provisions may exceed five percent of the total expenditure for the purpose of this chapter.
Source: SL 1920 (SS), ch 54, § 6; SDC 1939, § 17.0707; SL 2008, ch 276, § 55.
60-6-24. Fees for services not permitted--Violation as misdemeanor--Disqualification from office.
No fees direct or indirect may be charged or received from any person seeking the benefits of this chapter. Any person that violates the provisions of this section commits a Class 2 misdemeanor and is thereafter disqualified from holding any office or position in the department.
Source: SL 1920 (SS), ch 54, §§ 7, 8; SDC 1939, §§ 17.0709, 17.9902; SL 1978, ch 359, § 2; SL 2008, ch 276, § 56.
60-6B-1 to 60-6B-10. Repealed.
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.
60-7-1.1. Repealed by SL 1977, ch 226, § 26.
60-7-3 to 60-7-6. Repealed by SL 1997, ch 297, §§ 3 to 6.
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.
60-8-1. Intimidation of employees--Misdemeanor.
Any person who by any use of force, threats, or intimidation, prevents or endeavors to prevent any hired foreman, journeyman, workman, laborer, servant, or other person employed by another person from continuing or performing work or from accepting any new work or employment, or induces the hired person to relinquish work or employment, or to return any work the person has in hand before it is finished, is guilty of a Class 2 misdemeanor.
Source: PenC 1877, § 733; CL 1887, § 6924; RPenC 1903, § 757; RC 1919, § 4373; SDC 1939, § 13.1824; SL 1978, ch 359, § 2; SL 2008, ch 276, § 68.
60-8-2. Intimidation of employers--Misdemeanor.
Any person who by any use of force, threats, or intimidation prevents or endeavors to prevent another person from employing any person, or compels another person to employ any person, or forces or induces another to alter the mode of carrying on business, or to limit or increase the number of hired foremen, journeymen, workmen, laborers, servants, or other persons employed by the person, or their rate of wages or time of service, is guilty of a Class 2 misdemeanor.
Source: PenC 1877, § 734; CL 1887, § 6925; RPenC 1903, § 758; RC 1919, § 4374; SDC 1939, § 13.1825; SL 1978, ch 359, § 2; SL 2008, ch 276, § 69.
60-8-3. Denial of right to work because of membership or nonmembership in union--Misdemeanor.
No person may be deprived of life, liberty, or property without due process of law. The right of any person to work may not be denied or abridged on account of membership or nonmembership in any labor union or labor organization. Violation of this section is a Class 2 misdemeanor.
Source: SL 1947, ch 92, §§ 1, 5; SL 1955, ch 65, § 1; SDC Supp 1960, §§ 17.1101 (1), 17.9914; SDCL § 60-8-7; SL 1978, ch 359, § 2; SL 2008, ch 276, § 70.
60-8-4. Agreement denying free exercise of right to work as misdemeanor.
Any agreement relating to employment, whether in writing or oral, which by its stated terms, or by implication, interpretation, or effect thereof, directly or indirectly denies, abridges, interferes with, or in any manner curtails the free exercise of the right to work by any citizen of the state of South Dakota, is a Class 2 misdemeanor.
Source: SL 1947, ch 92, §§ 2, 5; SL 1955, ch 65, § 1; SDC Supp 1960, §§ 17.1101 (2), 17.9914; SDCL, § 60-8-7; SL 1978, ch 359, § 2.
60-8-5. Coercion to enter into agreement denying free exercise of right to work as misdemeanor.
Any request, demand or threat made by any person to any employer or employee, to persuade or coerce such employer or employee to enter into an agreement violative of the provisions contained in §§ 60-8-3 and 60-8-4 and article VI, § 2 of the state Constitution, is a Class 2 misdemeanor.
Source: SL 1947, ch 92, §§ 3, 5; SL 1955, ch 65, § 1; SDC Supp 1960, §§ 17.1101 (3), 17.9914; SDCL, § 60-8-7; SL 1978, ch 359, § 2.
60-8-6. Coercion of employee to join labor organization--Misdemeanor.
Any solicitation or request to join a labor organization made by any person to any employee, accompanied by threats of injury to the employee or members of the employee's family, or damage to property, or loss or impairment of present or future employment of the employee, is a Class 2 misdemeanor.
Source: SL 1947, ch 92, §§ 4, 5; SL 1955, ch 65, § 1; SDC Supp 1960, §§ 17.1101 (4), 17.9914; SDCL § 60-8-7; SL 1978, ch 359, § 2; SL 2008, ch 276, § 71.
60-8-7. Repealed by SL 1978, ch 359, § 3.
60-8-8. Violation of right to work law--Investigations by state's attorney--Prosecutions.
The state's attorney of each county shall prosecute any person violating any of the provisions of §§ 60-8-3 to 60-8-6, inclusive, in that county. The state's attorney shall enforce these sections. If the state's attorney has any information or knowledge or has any reason to believe that any of the provisions of these sections are being violated in the county, the state's attorney shall investigate and use every legitimate means to secure the necessary and proper evidence of the violation. Immediately upon securing the evidence, the state's attorney shall file a complaint or preliminary information against any person against whom the state's attorney has any evidence of any such violation. The state's attorney shall have the person arrested and shall vigorously prosecute such charges to final judgment.
Source: SL 1955, ch 65, § 1; SDC Supp 1960, § 17.9914; SL 2008, ch 276, § 72.
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.
60-9-1. Labor organization--Actions by and against--Funds subject to execution--Service of process.
Any labor union, organization or association, whether or not it be incorporated, may sue or be sued in its organization or association name, as an entity and in behalf of the employees whom it represents, and all the funds and assets of such labor union, association or organization shall be subject to judgment, execution and other process. The service of summons, subpoena or other legal process upon an officer or agent of such labor union, association or organization shall constitute sufficient service upon such union, association or organization.
Source: SL 1947, ch 94, § 1; SDC Supp 1960, § 17.1102.
60-9-2. Enforcement of money judgment against labor organization.
Any money judgment against a labor union, association or organization shall be enforced only against the union, association or organization as an entity, and against its assets, property and funds and may not be enforced against the property of any member thereof.
Source: SL 1947, ch 94, § 1; SDC Supp 1960, § 17.1102; SL 2008, ch 276, § 73.
60-9-3. Rights and liabilities of individual members--Actions by and against, joint or several.
Nothing in § 60-9-1 or 60-9-2 shall be deemed to abrogate or restrict the right or liability of the individual members of a labor union, organization or association to sue or be sued jointly or severally in their own names or name in matters based upon or arising out of their individual acts or relationships.
Source: SL 1947, ch 94, § 1; SDC Supp 1960, § 17.1102.
60-9-4. Collective bargaining agreement--Enforcement--Remedies for breach.
Any collective bargaining agreement between an employer or employers and a labor union, association or organization, shall be enforceable at law or equity; and a breach of such collective bargaining agreement by any party thereto, shall be subject to the same remedies including injunctive relief, as are available in the case of other contracts in the courts of this state.
Source: SL 1947, ch 94, § 2; SDC Supp 1960, § 17.1103.
60-9-5. Injunctive relief in labor dispute--Cost bond only bond required.
In any action involving a labor dispute or involving a collective bargaining agreement between an employer and his employees and injunctive relief is sought, the only bond required shall be one sufficient to pay the necessary court costs in the case.
Source: SL 1947, ch 94, § 3; SDC Supp 1960, § 17.1104.
60-9-6. Statement of income and expenditures by union--Filing with secretary of state--Violation as misdemeanor.
Upon order of the Department of Labor and Regulation any labor union operating or carrying on its activities in the state of South Dakota shall file with the secretary of state, within thirty days from receipt of notice of such order a verified statement of the specific items of income and specific expenditures for the twelve-month period next preceding the filing of such statement showing separately the amount of money collected during said period as dues, fees, assessments or fines, together with all moneys collected from any other source and the amount of money in the treasury of such union, branch or local, on the date of such statement, the salary paid to each officer of such union, branch or local, the total of such expenditures for the preceding year and specifically the purpose for which such expenditures were made. Such statement shall be filed on forms supplied by the said department. Violation of this section is a Class 2 misdemeanor.
Source: SL 1943, ch 86, §§ 1, 6; SDC Supp 1960, §§ 17.1105, 17.9915; SDCL § 60-9-9; SL 1969, ch 87; SL 1978, ch 359, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-9-7. Agricultural premises--Entry for union purposes restricted--Violation as misdemeanor.
No officer, agent, or employee of any labor union may enter, without the consent of the owner or operator, in or upon any ranch, farm, feed yard, shearing plant, or other agricultural premise, for the purpose of collecting dues, fines or assessments, or to solicit membership in any union, order or promote any strike, or in any other way interfere with the activities of any person employed on such premises. Violation of this section is a Class 2 misdemeanor.
Source: SL 1943, ch 86, §§ 2, 6; SDC Supp 1960, §§ 17.1106, 17.9915; SDCL § 60-9-9; SL 1978, ch 359, § 2; SL 2008, ch 276, § 74.
60-9-8. Compensation for services to agricultural employer for labor union connection prohibited--Misdemeanor.
No person may solicit or accept any money, or other thing of value, for services rendered, claimed to have been rendered, or promised, to any employer of the class mentioned in § 60-9-7, by reason of the labor union connection or association of the person. Violation of this section is a Class 2 misdemeanor.
Source: SL 1943, ch 86, §§ 5, 6; SDC Supp 1960, §§ 17.1109, 17.9915; SDCL § 60-9-9; SL 1978, ch 359, § 2; SL 2008, ch 276, § 75.
60-9-9. Repealed by SL 1978, ch 359, § 3.
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.
60-9A-1. Definition of terms.
Terms used in this chapter mean:
(1) "Collective bargaining unit," an organization selected by secret ballot by a majority vote of the employees of a unit appropriate for such purpose;
(2) "Department," the Department of Labor and Regulation or any of its officers or employees authorized to act for it;
(3) "Employee," any person, other than an independent contractor, domestic servants employed in and about private homes and farm and ranch labor, working for another for hire in the State of South Dakota in a nonexecutive or nonsupervisory capacity, and shall include any individual whose work has ceased solely as a consequence of or in connection with any current labor dispute or because of any unfair labor practice on the part of an employer;
(4) "Employer," a person who engages the services of an employee and shall include any person acting on behalf of an employer within the scope of his authority, but shall not include the United States or any labor organization, except when acting as an employer in fact; or the government of the State of South Dakota and any of the political subdivisions thereof;
(5) "Grievance," a complaint by an employee or group of employees based upon an alleged violation, misinterpretation, or inequitable application of any existing agreements, contracts, ordinances, policies or rules of the employer, as they apply to the conditions of employment. A disagreement over a nonexisting agreement, contract, ordinance, policy or rule is not a grievance;
(6) "Labor dispute," any controversy concerning wages, hours, or other conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment; provided that the general right of an employer to select his own employees is recognized and shall be fully protected. It shall not constitute a labor dispute if an employer discharges, or refuses to employ an employee on account of incompetence, neglect of work, unsatisfactory service or dishonesty;
(7) "Representative," any person who is the duly authorized agent of a collective bargaining unit.
Source: SL 1974, ch 323, § 1; SL 1993, ch 375, § 10; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-9A-2. Rights of employees--Labor organizations--Collective bargaining.
In accordance with this chapter, employees shall have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own free choosing, and to engage in lawful, concerted activities for the purposes of collective bargaining or other mutual aid or protection; and shall also have the right to refrain from any and all such activities.
Source: SL 1974, ch 323, § 2.
60-9A-3. Collective bargaining unit as exclusive representative of employees--Individual grievances excepted.
A collective bargaining unit chosen for the purpose of collective bargaining by a majority of the employees in the unit shall be the exclusive representative of all employees in such unit; and provided that the employees individually shall have the right at any time to present grievances to their employer in person or through representatives of their own free choosing, and the employer may confer with them in relation thereto.
Source: SL 1974, ch 323, § 3.
60-9A-4. Administration and enforcement.
The Department of Labor and Regulation shall administer and enforce the provisions of this chapter.
Source: SL 1974, ch 323, § 4; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-9A-5. Jurisdiction of department over labor disputes and grievances.
The department shall have jurisdiction over any labor dispute or grievance not subject to the provisions of the Federal Railway Labor Act, and over which the national labor relations board does not have or has declined to assert jurisdiction on substantive grounds. For purposes of determining whether or not the National Labor Relations Board has asserted jurisdiction on substantive grounds, the department shall respect the relevant rules and regulations and case ruling of the board.
Source: SL 1974, ch 323, § 5.
60-9A-6. Determinations as to composition of bargaining unit--Certification.
Whenever a question concerning the composition of employees covered by a collective bargaining unit is raised by an employer or an employee, or the representative of either of them, the department shall investigate such question and, after a hearing conducted pursuant to chapter 1-26, rule on the composition of the members in the unit. The department shall then certify to the parties in writing the proper definition of the employees comprising the unit.
Source: SL 1974, ch 323, § 6.
60-9A-7. Investigation of bargaining unit questions--Election by employees--Waiting period before reconsideration.
When a question concerning the collective bargaining unit of employees is raised by an employer, or an employee or the representative of either of them, the department shall investigate such question and certify to the parties in writing, the name or names of the collective bargaining units that have been designated or selected. The filing of a petition for the investigation or certification of a collective bargaining unit of employees by any of the parties shall constitute a question within the meaning of this section. In any such investigation, the department may provide for an appropriate hearing and shall take a secret ballot of employees to determine the collective bargaining unit for the purposes of formal recognition. If the department has certified a formally recognized collective bargaining unit of employees, it shall not be required to consider the matter again for a period of one year unless it appears that sufficient reason exists therefor.
Source: SL 1974, ch 323, § 7.
60-9A-8. Tentative settlements--Recommendations to employer and bargaining units.
If a tentative settlement is reached between an employer and employee or the representative of either of them, such representatives shall recommend to the employer and employee collective bargaining unit, respectively, such settlement. The collective bargaining unit and the employer shall, as soon as practicable consider the recommendations and take such actions, if any, as they deem appropriate.
Source: SL 1974, ch 323, § 8.
60-9A-9. Implementation of labor agreements--Failure to bargain in good faith.
If a settlement is reached between an employer and collective bargaining unit or the representative of either of them, the settlement in the form of an agreement shall be implemented by the employer. Failure to make a reasonable effort to implement a settlement by either party shall constitute failure to bargain in good faith.
Source: SL 1974, ch 323, § 9.
60-9A-10. Request for departmental intervention on failure to agree--Other procedures allowed.
In case of a labor dispute or grievance, including but not limited to an impasse or failure to reach an agreement in negotiations, either party may request the department to intervene under the provisions of §§ 60-10-1 to 60-10-3, inclusive. Nothing in this section shall prohibit the parties to such an impasse or dispute from adopting any other procedure to facilitate a settlement that may be mutually agreeable.
Source: SL 1974, ch 323, § 10.
60-9A-11. Repealed by SL 1983, ch 22, § 5.
60-9A-12. Unfair practices by employers.
It shall be an unfair practice for an employer to:
(1) Interfere with, restrain, or coerce employees in the exercise of rights guaranteed by law;
(2) Dominate, interfere, or assist in the formation or administration of any collective bargaining unit, or contribute financial or other support to it; provided, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;
(3) Discriminate in regard to hire or tenure or employment or any term or condition of employment to encourage or discourage membership in any collective bargaining unit;
(4) Discharge or otherwise discriminate against an employee because he has filed a complaint, affidavit, petition, or given any information or testimony under this chapter;
(5) Refuse to negotiate collectively in good faith with a formal representative; or
(6) Fail or refuse to comply with any provision of this chapter.
Source: SL 1974, ch 323, § 12.
60-9A-13. Unfair practices by collective bargaining units.
It is an unfair practice for a collective bargaining unit or its agents to:
(1) Restrain or coerce an employee in the exercise of the rights guaranteed by this chapter. However, this subdivision does not impair the right of an employee organization to prescribe its own requirements with respect to the acquisition or retention of voluntary membership therein;
(2) Restrain or coerce an employer in the selection of his representative for the purpose of collective bargaining or the adjustment of grievances;
(3) Cause or attempt to cause an employer to discriminate against an employee in violation of subdivision 60-9A-12(3), or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground; or
(4) Refuse to negotiate collectively in good faith with an employer.
Source: SL 1974, ch 323, § 13; SL 1993, ch 375, § 11.
60-9A-14. Closed shop and agency shop contracts not authorized.
Nothing in this chapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization or requiring the payment of fees or contributions of any kind whatsoever in lieu of membership to a labor organization as a condition of employment.
Source: SL 1974, ch 323, § 14.
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.
60-10-1. Conciliation of labor dispute by Department of Labor and Regulation.
In case of strikes, lockouts, or other labor disputes between employers and employees, the Department of Labor and Regulation requested by either party, shall endeavor to conciliate the parties to the controversy and induce them to confer with each other and compose their differences.
Source: SL 1949, ch 215, § 3; SL 1959, ch 104; SDC Supp 1960, § 17.1003 (1); SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-10-2. Unsuccessful efforts to conciliate--Investigation of matters in difference--Recommendation for settlement.
If its efforts as conciliator prove unsuccessful, the Department of Labor and Regulation shall, if requested by either party, impartially investigate the matters in difference between the parties. The request to the department shall be mailed within twenty days after the conclusion of the conciliation procedure provided for in § 60-10-1. The department shall give each party ample opportunity for presentation of the facts and shall make a report of the issues involved and a recommendation for settlement of the controversy. The department shall furnish a copy of its recommendation to each of the parties and to any local newspaper for publication for the information of the public.
Source: SL 1949, ch 215, § 3; SL 1959, ch 104; SDC Supp 1960, § 17.1003 (1); SL 1983, ch 24, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-10-3. Appointees of parties to assist in investigations.
The secretary of labor and regulation shall have the right, if he so desires, or if requested by either party, to call in two capable citizens not directly connected with the dispute, one to be named by each party, to assist in the investigation and advise with him as to his recommendations.
Source: SL 1949, ch 215, § 3; SL 1959, ch 104; SDC Supp 1960, § 17.1003 (1); SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-10-4. Picketing of agricultural premises as misdemeanor.
No person shall picket, aid in the picketing of, or order to be picketed, the home of any employee or worker on any ranch, farm, feed yard, shearing plant, or other agricultural premise. Violation of this section is a Class 2 misdemeanor.
Source: SL 1943, ch 86, §§ 3, 6; SDC Supp 1960, §§ 17.1107, 17.9915; SDCL, § 60-10-6; SL 1978, ch 359, § 2.
60-10-5. Boycott of nonunion products as misdemeanor.
No person may boycott, assist in boycotting, or order to be boycotted, or otherwise interfere with the movement to market, or the sale of any commodity or farm product because the product may have been produced by nonunion labor or in violation of the orders or policies of any labor union. Violation of this section is a Class 2 misdemeanor.
Source: SL 1943, ch 86, §§ 4, 6; SDC Supp 1960, §§ 17.1108, 17.9915; SDCL, § 60-10-6; SL 1978, ch 359, § 2; SL 1993, ch 375, § 12.
60-10-6. Repealed by SL 1978, ch 359, § 3.
60-10-7. Right to strike or right to work unaffected, exception.
Except as specifically provided in this chapter or chapter 60-9, nothing in §§ 60-9-6 to 60-9-8, inclusive, or in § 60-10-4 or 60-10-5, shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in said chapters be so construed as to invade unlawfully the right to freedom of speech.
Source: SL 1943, ch 86, § 8; SDC Supp 1960, § 17.1111.
60-10-8. Severability of provisions relating to agricultural workers.
If any section, paragraph or clause or provision of §§ 60-9-6 to 60-9-8, inclusive, or of §§ 60-10-4 to 60-10-7, inclusive, is declared unconstitutional, such judicial decision shall not affect or invalidate the remainder of said sections.
Source: SL 1943, ch 86, § 7; SDC Supp 1960, § 17.1110.
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.
It is a Class 2 misdemeanor for any person, singly or in concert with others, to interfere or attempt to interfere with another in the exercise of his right to work or of his right to enter upon the performance of any lawful employment or vocation, by the use of force, threatening acts, violence or acts of intimidation.
Source: SL 1947, ch 93, §§ 2, 6; SL 1955, ch 65, § 2; SDC Supp 1960, §§ 17.1112 (2), 17.9916; SDCL, § 60-10-14; SL 1978, ch 359, § 2; SL 1989, ch 445, § 2.
60-10-11. Obstructing entrance to premises--Interference with use of public way--Unlawful picketing--Misdemeanor.
It is a Class 2 misdemeanor for any person to engage in picketing by force or violence, or to picket alone or in concert with others in such manner as to obstruct or interfere with free ingress or egress to and from any premises, or to obstruct or interfere with the free use of public streets, sidewalks, or other public ways.
Source: SL 1947, ch 93, §§ 3, 6; SL 1955, ch 65, § 2; SDC Supp 1960, §§ 17.1112 (3), 17.9916; SDCL, § 60-10-14; SL 1978, ch 359, § 2.
60-10-12. Labor dispute--Violence and intimidation as misdemeanor--Unlawful destruction or seizure of property.
It is a Class 2 misdemeanor for any person or group of persons, employee or employees, or any labor union, association or organization, to use or engage in, or threaten to use or engage in violence, intimidation or unlawful destruction or seizure of property in connection with a labor dispute or as a means of forcing settlement of a labor dispute involving any employer, or in connection with any organizational activity of a labor organization among the employees of any employer, or for the purpose of compelling any person to join or become a member of a labor union, organization or association.
Source: SL 1947, ch 93, §§ 4, 6; SL 1955, ch 65, § 2; SDC Supp 1960, §§ 17.1112 (4), 17.9916; SDCL, § 60-10-14; SL 1978, ch 359, § 2.
60-10-13. Repealed by SL 1989, ch 445, § 4.
60-10-13.1. Restrictions on number and location of pickets--Violation as misdemeanor.
A court may, after notice and hearing pursuant to § 15-6-65(a), place reasonable restrictions and penalties for violation thereof upon the number and location of pickets or other persons permitted at any location based upon a finding that repeated incidents of the following nature have occurred:
(1) A violation of any law of the state of South Dakota or the United States prohibiting the use of force, threatening acts, violence or acts of intimidation directed toward any person entering upon, or leaving, the premises of the employer being picketed;
(2) Obstruction or interference with the free ingress or egress to or from the premises of the employer being picketed;
(3) Obstruction or interference with the free use of public streets, sidewalks or other public ways.
It is a Class 2 misdemeanor for any person to violate any such restrictions imposed by a court.
Source: SL 1989, ch 445, § 3.
60-10-14. Repealed by SL 1978, ch 359, § 3.
60-10-15. Violations of provisions restricting picketing and violence--Prosecutions.
The state's attorney of each county has the same duty and responsibility of enforcement of §§ 60-10-10 to 60-10-13.1, inclusive, as is imposed upon the state's attorney by § 60-8-8.
Source: SL 1955, ch 65, § 2; SDC Supp 1960, § 17.9916; SL 2021, ch 108, § 2.
60-10-16. Severability of provisions relating to picketing and violence.
If any provision of §§ 60-10-10 to 60-10-15, inclusive, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of the sections which can be given effect without the invalid provision or application, and to this end the provisions of said sections are declared to be severable.
Source: SL 1947, ch 93, § 7; SDC Supp 1960, § 17.1112 (6); SL 2021, ch 108, § 3.
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.
60-11-1. Manufacturing or mechanical occupations--Hours of labor.
A day's labor in any manufacturing or mechanical occupation shall consist of eight hours unless there is an express agreement to the contrary. This does not apply if the agreement is for employment by the week, month, or year.
Source: SL 1933 (SS), ch 10, § 1; SDC 1939, § 17.0102; SL 2008, ch 276, § 77.
60-11-2. Requiring employee to pay cost of medical examination prohibited--Misdemeanor--Employer and employee defined.
It is a Class 2 misdemeanor for any employer to require any 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.
The term, employer, as used in this section means an individual, a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air or express company doing business in or operating within the state.
The term, employee, means any person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment.
Source: SL 1949, ch 78, §§ 1 to 4; SDC Supp 1960, §§ 17.0108, 17.9913; SL 1978, ch 359, § 2; SL 2008, ch 276, § 78.
60-11-3. Minimum wage--Misdemeanor--Certain employees excluded.
Every employer shall pay to each employee wages at a rate of not less than eight dollars and fifty cents an hour. Violation of this section is a Class 2 misdemeanor. The provisions of this section do not apply to certain employees being paid an opportunity wage pursuant to § 60-11-4.1, babysitters, or outside salespersons. The provisions of this section also do not apply to employees employed by an amusement or recreational establishment, an organized camp, or a religious or nonprofit educational conference center if one of the following apply:
(1) The establishment, camp, or center does not operate for more than seven months in any calendar year; or
(2) During the preceding calendar year, the average receipts of the establishment, camp, or center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year.
Source: SDC 1939, §§ 17.0607, 17.9901; SL 1943, ch 76; SL 1945, ch 77; SL 1964, ch 67; SL 1966, ch 64, § 5; SDCL § 60-11-6; SL 1969, ch 85; SL 1973, ch 302; SL 1975, ch 316; SL 1978, ch 359, § 2; SL 1978, ch 367, § 1; SL 1982, ch 368, § 1; SL 1988, ch 411; SL 1990, ch 413, §§ 1, 3; SL 1997, ch 298, §§ 1, 2; SL 1999, ch 260, § 1; SL 2007, ch 297, § 1, eff. July 24, 2007; SL 2007, ch 297, § 2, eff. July 24, 2008; SL 2007, ch 297, § 3, eff. July 24, 2009; SL 2011, ch 224, § 1, eff. Mar. 17, 2011; SL 2015, ch 279 (Initiated Measure 18), § 1, eff. Jan. 1, 2015; SL 2015, ch 261, § 1, rejected Nov. 8, 2016.
60-11-3.1. Minimum wage for tipped employees--Tips credited toward minimum wage--Certain persons excluded.
Any employer of a tipped employee shall pay a cash wage of not less than fifty percent of the minimum wage provided by § 60-11-3 if the employer claims a tip credit against the employer's minimum wage obligation. If an employee's tips combined with the employer's cash wage of not less than fifty percent of the minimum wage provided by § 60-11-3 do not equal the minimum wage, the employer shall make up the difference as additional wages for each regular pay period of the employer. A tipped employee is one engaged in an occupation in which the employee customarily and regularly receives more than thirty-five dollars a month in tips or other considerations. This section does not apply to babysitters or outside salespersons. This section also does not apply to employees employed by an amusement or recreational establishment, an organized camp, or a religious or nonprofit educational conference center if one of the following apply:
(1) The establishment, camp, or center does not operate for more than seven months in any calendar year; or
(2) During the preceding calendar year, the average receipts of the establishment, camp, or center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year.
Source: SDCL § 60-11-3 as added by SL 1973, ch 302; SL 1975, ch 316; SL 1978, ch 367, § 2; SL 1982, ch 368, § 2; SL 1990, ch 413, §§ 2, 4; SL 1997, ch 298, § 3; SL 2011, ch 224, § 2, eff. Mar. 17, 2011; SL 2015, ch 279 (Initiated Measure 18), § 2, eff. Jan. 1, 2015.
60-11-3.2. Annual minimum wage adjustment.
Beginning January 1, 2016, and again on January 1 of each year thereafter, the minimum wage provided by § 60-11-3 shall be adjusted by the increase, if any, in the cost of living. The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding year over the level as measured as of August of the previous year of the Consumer Price Index (all urban consumers, U.S. city average for all items) or its successor index as published by the U.S. Department of Labor or its successor agency, with the amount of the minimum wage increase, if any, rounded up to the nearest five cents. In no case shall the minimum wage be decreased. The Secretary of the South Dakota Department of Labor and Regulation or its designee shall publish the adjusted minimum wage rate for the forthcoming year on its internet home page by October 15 of each year, and it shall become effective on January 1 of the forthcoming year.
Source: SL 2015, ch 279 (Initiated Measure 18), § 3, eff. Nov. 13, 2014.
60-11-3.3. Rejected by referendum.
60-11-4. Minimum wage--Agreement to work for less ineffective.
A person so employed at less than the minimum wage provided by § 60-11-3 shall be entitled to recover the full amount measured by said minimum wage and costs, notwithstanding any agreement to work for less.
Source: SL 1923, ch 309, § 2; SDC 1939, § 17.0607; SL 1943, ch 76; SL 1945, ch 77; SL 1964, ch 67; SL 1966, ch 64, § 5.
60-11-4.1. Opportunity wage allowed.
Any employee who is under twenty years of age may be paid an opportunity wage as defined in section 6 of the Fair Labor Standards Amendments of 1996 as of October 1, 1996.
Source: SL 1990, ch 413, § 5; SL 1997, ch 298, § 5; SL 1999, ch 260, § 2.
60-11-5. Exemptions from minimum wage provisions.
The provisions of §§ 60-11-3 and 60-11-4 do not apply to any apprentice, nor to any person learning the business or work in which employed, nor to any person with a developmental disability, if the Department of Labor and Regulation issues a permit for the person's employment fixing the wage or compensation of such person.
Source: SL 1923, ch 309, §§ 3, 4; SDC 1939, § 17.0607; SL 1943, ch 76; SL 1945, ch 77; SL 1964, ch 67; SL 1966, ch 64, § 5; SL 2008, ch 276, § 79; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
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.
In any action for the breach of an obligation to pay wages, if a private employer has been oppressive, fraudulent, or malicious, in the employer's refusal to pay wages due to the employee, the measure of damages is double the amount of wages for which the employer is liable.
Source: SDC Supp 1960, ch 37.19 as added by SL 1968, ch 153; SL 2008, ch 276, § 80.
60-11-8. Employers subject to wage payment requirements.
In §§ 60-11-9 to 60-11-23, inclusive, the term, employer, includes any person, firm, partnership, limited liability company, association, corporation, receiver, or other officer of a court of the state, and any agent or officer of any kind of the above mentioned classes and subject to the provisions of these sections, employing any person of this state.
Source: SL 1971, ch 274, § 1; SL 1994, ch 351, § 165; SL 2008, ch 276, § 81.
60-11-9. Monthly wage payments required--Agreed pay day--Form of payment.
Every employer shall pay all wages due to employees at least once each calendar month unless otherwise provided by law, or on regular agreed pay days designated in advance by the employer, in lawful money of the United States. An employer may pay wages by check, cash, or direct deposit to the employee's bank account, unless an employer and employee agree to another form of payment.
Source: SL 1971, ch 274, § 2; SL 2001, ch 291, § 1.
60-11-10. Prompt payment of wages due on separation by employer--Withholding for return of employer's property.
Whenever an employer separates an employee from the payroll, the unpaid wages or compensation of such employee are due and payable not later than the next regular stated pay day for which those hours would have normally been paid or as soon thereafter as the employee returns to the employer all property of the employer in the employee's possession.
Source: SL 1971, ch 274, § 3; SL 1996, ch 302; SL 1997, ch 299, § 1.
60-11-11. Payment on regular pay day after resignation by employee--Withholding for return of employer's property.
Whenever an employee not having a written contract for a definite period quits or resigns that employment, the wages or compensation earned are due and payable not later than the next regular stated pay day for which those hours would have normally been paid or as soon thereafter as the employee returns to the employer all property of the employer in the employee's possession.
Source: SL 1971, ch 274, § 4; SL 1997, ch 299, § 2.
60-11-12. Payment on regular pay day during labor dispute--Return of deposit for faithful performance.
In the event of the suspension of work as the result of a strike, lockout, or other labor dispute, the wages and compensation earned and unpaid at the time of said suspension shall become due and payable at the next regular pay day, as provided in § 60-11-9, including, without abatement or reduction, all amounts due all persons whose work has been suspended as a result of such industrial dispute, together with any deposit or other guaranty held by the employer for the faithful performance of the duties of the employment.
Source: SL 1971, ch 274, § 5.
60-11-13. Payment of conceded wages when amount in dispute--Acceptance not a release of balance.
In case of a dispute over wages, the employer shall 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 shall pay such amount without condition within the time set by §§ 60-11-9 to 60-11-12, inclusive. Acceptance by the employee of any payment made pursuant to this section does not constitute a release as to the balance of the claim.
Source: SL 1971, ch 274, § 6; SL 2008, ch 276, § 82.
60-11-14. Provisions applicable to cash wages only.
Sections 60-11-8 to 60-11-23, inclusive, do not apply to any form of compensation other than cash wages owing to any employee by or on behalf of any employer.
Source: SL 1971, ch 274, § 15; SL 2008, ch 276, § 83.
60-11-15. Employer's intentional refusal to pay wages--Misdemeanor.
Any employer who intentionally refuses to pay the wages due and payable when demanded as in §§ 60-11-9 to 60-11-13, inclusive, or who falsely denies the amount thereof, or that the same is due with the intent to secure for the employer or any other person any discount upon such indebtedness, or with any intent to annoy, harass, oppress, hinder, delay, or defraud the person to whom such indebtedness is due, commits a Class 2 misdemeanor.
Source: SL 1971, ch 274, § 8; revised pursuant to SL 1976, ch 158, § 43-6; SL 1978, ch 359, § 2; SL 2008, ch 276, § 84.
60-11-16. Fraudulent claim by employee--Misdemeanor.
Any employee who falsifies the amount due to the employee or who intentionally attempts to defraud the employer commits a Class 2 misdemeanor.
Source: SL 1971, ch 274, § 8; revised pursuant to SL 1976, ch 158, § 43-6; SL 1978, ch 359, § 2; SL 2008, ch 276, § 85.
60-11-17. Department to investigate and prosecute violations--Hearings--Access to employer's records.
The Department of Labor and Regulation shall ensure compliance with the provisions of this chapter, investigate any violations of §§ 60-11-8 to 60-11-23, inclusive, and institute or cause to be instituted actions for penalties and forfeitures provided thereunder. The department may hold hearings to satisfy itself as to the justice of any claim, and the department shall cooperate with any employee in the enforcement of a claim against the employer in any case whenever, in its opinion, the claim is valid. The department may enter places of employment for the purpose of inspecting records and seeing that all provisions of §§ 60-11-8 to 60-11-23, inclusive, are complied with.
Source: SL 1971, ch 274, § 7; SL 2008, ch 276, § 86; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-11-17.1. Reprisals because of wage complaints or proceedings prohibited.
No employer may discharge, discriminate, or engage in or threaten to engage in any reprisal, economic or otherwise, against any employee because the employee has made any complaint to the employer, or to the Department of Labor and Regulation, that the employee has not been paid wages in accordance with this chapter or because the employee has made any complaint or is about to institute any proceedings, or because the employee has testified or is about to testify in any such proceedings.
Source: SL 1976, ch 319; SL 2008, ch 276, § 87; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-11-18. Department may take assignment of employees' claims-- Prosecution--Joinder of actions.
The Department of Labor and Regulation may take assignments of wage claims, rights of action for penalties, provided by §§ 60-11-8 to 60-11-23, inclusive, not to exceed five hundred dollars in any case of any one claim without being bound by any of the technical rules with reference to the validity of such assignments. The department may prosecute actions for the collection of such claims of persons who, in the judgment of the department are entitled to the services of the department and who, in its judgment, have claims that are valid and enforceable in the courts. The department may join various claimants in one preferred claim or lien, and in case of suit to join them in one cause of action.
Source: SL 1971, ch 274, § 9; SL 2008, ch 276, § 88; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-11-19. Assignment of employees' claims in trust to department--Prosecution--Settlement and adjustment.
If the Department of Labor and Regulation determines that wages have not been paid, and that the unpaid wages constitute an enforceable claim, the department shall upon the request of the employee take an assignment in trust for the wages or any claim for liquidated damages, without being bound by any of the technical rules respecting the validity of any such assignments and may bring any legal action necessary to collect the claim. With the consent of the assigning employee at the time of the assignment, the department may settle and adjust any such claim to the same extent as might the assigning employee.
Source: SL 1971, ch 274, § 10; SL 2008, ch 276, § 89; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-11-20. Promulgation of rules.
The Department of Labor and Regulation shall promulgate rules pursuant to chapter 1-26 to carry out the provisions of §§ 60-11-8 to 60-11-23, inclusive.
Source: SL 1971, ch 274, § 11; SL 1993, ch 375, § 13; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-11-21. Reciprocal agreements with other states for enforcement of wage claims.
The Department of Labor and Regulation may enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer, or commission authorized to act for and on behalf of such department or agency, for the collection in such other state of claims or judgments for wages or other demands based upon claims previously assigned to the department.
Source: SL 1971, ch 274, § 12; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-11-22. Maintenance of actions outside state by department--Assignment to other state for collection.
The Department of Labor and Regulation may, to the extent provided for by any reciprocal agreement entered into pursuant to the provisions of § 60-11-21, or by the laws of any other state, maintain actions in the courts of such state for the collection of such claims for wages, judgments, and other demands and may assign such claims, judgments, and demands to the labor department or agency of such other state for collection to the extent that the same may be permitted or provided for by the laws of such state or reciprocal agreement.
Source: SL 1971, ch 274, § 13; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-11-23. Actions in South Dakota on claims arising in other states--Reciprocation required.
The Department of Labor and Regulation may, upon the written request of the labor department or other corresponding agency of any other state or any other person, board, officer, or commission of such state authorized to act for and on behalf of such labor department or corresponding agency, maintain actions in the courts of this state upon assigned claims for wages, judgments, and demands arising in such other state in the same manner and to the same extent that such actions by the Department of Labor and Regulation are authorized when arising in this state; provided, however, that such actions may be commenced and maintained only in those cases where such other state by appropriate legislation or by a reciprocal agreement extends a like comity to cases arising in this state.
Source: SL 1971, ch 274, § 14; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-11-24. Action removed by defendant--Plaintiff's costs and attorney fees.
In any action for wages brought in small claims court which is removed to magistrate court or circuit court under § 15-39-57, the court may, in addition to awarding judgment to the plaintiff, allow costs of the action, including reasonable attorney fees, to be paid by the defendant.
Source: SL 1983, ch 158, § 1; SL 2021, ch 86, § 5.
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.
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.
60-13-1. Trust for benefit of employees not invalidated by rule against perpetuities.
A trust of real or personal property, or real and personal property combined, created by an employer as part of a stock bonus pension, disability, death benefit, insurance, endowment, annuity or profit sharing plan for the benefit of some or all of the employer's employees, to which contributions are made by the employer or employees, or both, for the purpose of distributing to the employees the earnings or the principal, or both earnings and principal, of the fund held in trust, may continue in perpetuity or for such time as may be necessary to accomplish the purpose for which it is created. No such trust is invalid for violating any rule of law against perpetuities or suspension of the power of alienation of the title to property.
Source: SDC 1939, § 59.0119 as enacted by SL 1955, ch 428; SL 2008, ch 276, § 98.
60-13-2. Validity of prior trust for benefit of employees.
No rule of law against perpetuities or suspension of the power of alienation of the title to property may operate to invalidate any trust created or attempted to be created, prior to July 1, 1955, by an employer as part of a stock bonus, pension, disability, death benefit, insurance, endowment, annuity or profit sharing plan for the benefit of some or all of the employer's employees to which contributions are made by the employer or employees, or both, for the purpose of distributing to the employees earnings or principal, or both earnings and principal of the fund held in trust.
Source: SDC 1939, § 59.0119 as enacted by SL 1955, ch 428; SL 2008, ch 276, § 99.
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.
60-14-1. Definition of terms.
Terms used in this chapter mean:
(1) "Applicant," any person seeking employment as a nanny;
(2) "Employer," any person seeking to employ or employing a nanny;
(3) "Nanny," any person who provides child care and sometimes light housekeeping in the home of the child;
(4) "Nanny agency," or "agency," any person or firm who for a fee undertakes to bring potential nannies and employers together for the purpose of entering into an employment contract.
Source: SL 1991, ch 412, § 1.
60-14-2. Application of chapter.
This chapter applies to nanny applicants under age twenty-one, all nanny agencies and all employers of nannies.
Source: SL 1991, ch 412, § 2.
60-14-3. Contract between agency and employer--Specifications.
A nanny agency shall execute a contract with and provide a copy of it to a prospective employer who uses its services. The contract shall specify the services that the agency provides to the employer both before and after placement, including any training provided to applicants; information to be provided on applicants, including age, background, education and training; and the obligations of the employer to the agency, including the terms of payment for the agency's services. The agency shall provide a copy of this chapter without charge to the employer before the contract is signed.
Source: SL 1991, ch 412, § 3.
60-14-4. Contract between agency and applicant.
A nanny agency shall execute a contract with and provide a copy of it to an applicant who uses its services. The contract shall specify the services that the agency provides to the applicant both before and after placement, including any training provided; information to be provided on prospective employers, including age, background, number of children to be cared for and other items specified in § 60-14-5; and the obligations of the applicant to the agency, including the terms of payment for the agency's services. The agency shall provide a copy of this chapter without charge to the applicant before the contract is signed.
Source: SL 1991, ch 412, § 4.
60-14-5. Employment contract between prospective employer and nanny applicant.
Any employment contract between a prospective employer and an applicant executed as a result of services obtained through a nanny agency shall include:
(1) The term of employment;
(2) The specific child care and housekeeping duties required of the nanny;
(3) Any special care requirements of the child;
(4) Any special qualifications required of the nanny;
(5) The regular working hours of the nanny and any overtime work expected;
(6) Compensation, including room and board if provided, for regular and overtime work and provisions for payment of compensation;
(7) Provisions for time off and for sick and vacation leave;
(8) Provisions for transportation while the nanny is employed and responsibility for transportation costs between the homes of the nanny and the employer;
(9) A description of lodging arrangements for the nanny; and
(10) Any other financial or working provisions agreed upon.
Copies of the contract shall be provided to both parties.
The prospective employer and the applicant shall provide to each other the names, addresses and telephone numbers of three references before the contract is signed.
Source: SL 1991, ch 412, § 5.
60-14-6. Contract between employer and nanny voidable--Liability for costs.
Any contract between a prospective employer and nanny is voidable if the requirements of this chapter are not met. A nanny agency that does not comply with this chapter is civilly liable for all costs incurred by the employer or the nanny that are associated with a voided or breached nanny employment contract.
Source: SL 1991, ch 412, § 7.