Title 60 — LABOR AND EMPLOYMENT
17 chapters · 173 sections in this title.
SDCL § 60-12-15 Equal pay for equal work--Discrimination based on sex prohibited
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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 excluded from prohibition
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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 §
SDCL § 60-12-17 Terms and conditions of employment--Employers required to maintain records
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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:…
SDCL § 60-12-18 Liability of employer for sex discrimination in wages--Other remedies unimpaired
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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…
SDCL § 60-12-19 Action to recover unpaid wages--Agreement to work for less no defense
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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.
SDCL § 60-12-2 Employment of child under fourteen years of age restricted--Violation as misdemeanor
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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…
SDCL § 60-12-20 Time for commencement of action for unpaid wages
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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.
SDCL § 60-12-21 Employer prohibited from threatening employee to prevent enforcement of discrimination provisions
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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,…
SDCL § 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
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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…
SDCL § 60-12-4 SDCL 60-12-4
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Repealed by SL 1991, ch 411 , § 3.
SDCL § 60-12-5 Labor of minor necessary for support--Permit authorizing employment
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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 …
SDCL § 60-12-6 Records of employment of children required--Public inspection--Misdemeanor
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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…
SDCL § 60-12-7 Cleanliness, ventilation and rest rooms in shops employing children--Dressing rooms--Misdemeanor
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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…
SDCL § 60-12-8 Cleanliness of interior of factory--Misdemeanor
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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 …
SDCL § 60-12-9 Seats for children required--Violation as misdemeanor
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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…
SDCL § 60-13-1 Trust for benefit of employees not invalidated by rule against perpetuities
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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…
SDCL § 60-13-2 Validity of prior trust for benefit of employees
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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…
SDCL § 60-14-1 Definition of terms
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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…
SDCL § 60-14-2 Application of chapter
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This chapter applies to nanny applicants under age twenty - one, all nanny agencies and all employers of nannies. Source: SL 1991, ch 412 , § 2.
SDCL § 60-14-3 Contract between agency and employer--Specifications
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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; …
SDCL § 60-14-4 Contract between agency and applicant
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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…
SDCL § 60-14-5 Employment contract between prospective employer and nanny applicant
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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 requ…
SDCL § 60-14-6 Contract between employer and nanny voidable--Liability for costs
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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 brea…