Title 60, LABOR AND EMPLOYMENT

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 fed…

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 …

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 …

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 …

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…

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 cit…

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 misde…

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 Cl…

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 beli…

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 organizati…

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…

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 ind…

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 i…

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;…

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 …

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 a…

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 sect…

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 au…

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 prohibi…

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 ot…

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 requiremen…

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 …

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 pur…

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 gr…

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.

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 o…

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 …

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 barga…

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 emplo…

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 sh…

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 differe…

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, threatenin…

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 p…

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 …

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 natur…

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.

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 applic…

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 conclusi…

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 reco…

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 Sup…

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 la…

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 shal…

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…

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, § 17.010…

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 t…

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…