Last updated on: December 22nd, 2022
Hours & Pay Regulations
State law does not require an employer to provide an employee with vacation pay benefits. However, if an employer decides to do so, he must give notice of the policy to the employee, abide by the policy, and not discriminate in its administering of the policy.
Effective January 1, 2023, South Dakota’s hourly minimum wage is $10.80.
The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.
An employee called to jury duty may not be fired or demoted for serving as a juror. However, the employer decides whether the work time missed will be with or without pay.
An employer shall grant a temporary leave of absence without loss of job status or seniority resulting therefrom, to any employee who is a member of the Legislature in order that such employee may perform any official duty as a member of the Legislature. Such temporary leave of absence may be with or without pay within the discretion of the employer. Any agreement between an employer and an employee which, as a condition precedent to employment, promotion or benefit enhancement, restricts the employee’s right to serve in the Legislature is void as a matter of public policy.
Any person entitled to vote at any election held within this state, including a primary election, shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two consecutive hours between the time of opening and the time of closing the polls; provided such person does not have a period of two consecutive hours during the time the polls are open during which he is not required to be present at his work or place of employment. Such voter is not, because of so absenting himself, liable to any penalty, nor may any deduction be made on account of such absence from his usual salary or wages. The employer may specify the hours during which such employee may absent himself as aforesaid.
Any resident of this state who is a member of any state’s National Guard who is ordered to active duty service by the Governor of that state or the President of the United States has all protections afforded to persons serving on federal active duty by the Servicemembers Civil Relief Act of 2003, 54 Stat. 1178, 50 App. U.S.C.A. 501-548 and 560-591, as amended to January 1, 2007, and by the Uniformed Services Employment and Reemployment Rights Act, 108 Stat. 3149, 38 U.S.C.A. 4301 to 4333, as amended to January 1, 2007.