South Dakota Codified Laws
Chapter 11 - Wages, Hours And Conditions Of Employment
Section 60-11-3.2 - Annual minimum wage adjustment.

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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 60 - Labor and Employment

Chapter 11 - Wages, Hours And Conditions Of Employment

Section 60-11-1 - Manufacturing or mechanical occupations--Hours of labor.

Section 60-11-2 - Requiring employee to pay cost of medical examination prohibited--Misdemeanor--Employer and employee defined.

Section 60-11-3 - Minimum wage--Misdemeanor--Certain employees excluded.

Section 60-11-3.1 - Minimum wage for tipped employees--Tips credited toward minimum wage--Certain persons excluded.

Section 60-11-3.2 - Annual minimum wage adjustment.

Section 60-11-4 - Minimum wage--Agreement to work for less ineffective.

Section 60-11-4.1 - Opportunity wage allowed.

Section 60-11-5 - Exemptions from minimum wage provisions.

Section 60-11-7 - Liability of employer for double damages for breach of obligation to pay wages.

Section 60-11-8 - Employers subject to wage payment requirements.

Section 60-11-9 - Monthly wage payments required--Agreed pay day--Form of payment.

Section 60-11-10 - Prompt payment of wages due on separation by employer--Withholding for return of employer's property.

Section 60-11-11 - Payment on regular pay day after resignation by employee--Withholding for return of employer's property.

Section 60-11-12 - Payment on regular pay day during labor dispute--Return of deposit for faithful performance.

Section 60-11-13 - Payment of conceded wages when amount in dispute--Acceptance not a release of balance.

Section 60-11-14 - Provisions applicable to cash wages only.

Section 60-11-15 - Employer's intentional refusal to pay wages--Misdemeanor.

Section 60-11-16 - Fraudulent claim by employee--Misdemeanor.

Section 60-11-17 - Department to investigate and prosecute violations--Hearings--Access to employer's records.

Section 60-11-17.1 - Reprisals because of wage complaints or proceedings prohibited.

Section 60-11-18 - Department may take assignment of employees' claims-- Prosecution--Joinder of actions.

Section 60-11-19 - Assignment of employees' claims in trust to department--Prosecution--Settlement and adjustment.

Section 60-11-20 - Promulgation of rules.

Section 60-11-21 - Reciprocal agreements with other states for enforcement of wage claims.

Section 60-11-22 - Maintenance of actions outside state by department--Assignment to other state for collection.

Section 60-11-23 - Actions in South Dakota on claims arising in other states--Reciprocation required.

Section 60-11-24 - Action removed by defendant--Plaintiff's costs and attorney fees.