Title 60, LABOR AND EMPLOYMENT

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.

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 …

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 …

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 refer…

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, with…

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 …

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.

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 …

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, …

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 correspon…

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 defend…

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 § 60-1…

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…

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 …

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 1…

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.

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 fix…

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. Sour…

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 subj…

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 d…

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 provisio…

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 e…

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…

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…

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 , …

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 …

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 requireme…

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.

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:…

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…

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.

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…

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.

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,…

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, gas…

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 …

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 Clas…

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 chang…

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 …

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. Violat…

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 wh…

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, insura…

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 age…

This chapter applies to nanny applicants under age twenty - one, all nanny agencies and all employers of nannies. Source: SL 1991, ch 412 , § 2.

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; …

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 provi…