South Dakota Codified Laws
Chapter 11 - Wages, Hours And Conditions Of Employment
Section 60-11-7 - Liability of employer for double damages for breach of obligation to pay wages.

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

Source: SDC Supp 1960, ch 37.19 as added by SL 1968, ch 153; SL 2008, ch 276, ยง80.

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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.