60-12-18. Liability of employer for sex discrimination in wages--Other remedies unimpaired.
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 similarly situated. The court in the action may in addition to a judgment awarded to the plaintiff, allow a reasonable attorney fee to be paid by the defendant and costs. This section does not limit a cause of action under chapter 20-13.
Source: SL 1966, ch 64, §3; SL 1978, ch 153, §9; SL 2008, ch 276, §96.
Structure South Dakota Codified Laws
Title 60 - Labor and Employment
Chapter 12 - Child Labor--Discrimination On Basis Of Sex
Section 60-12-1 - Maximum hours for children under sixteen--Exceptions--Misdemeanor.
Section 60-12-1.1 - School day and school week defined.
Section 60-12-5 - Labor of minor necessary for support--Permit authorizing employment.
Section 60-12-6 - Records of employment of children required--Public inspection--Misdemeanor.
Section 60-12-8 - Cleanliness of interior of factory--Misdemeanor.
Section 60-12-9 - Seats for children required--Violation as misdemeanor.
Section 60-12-11 - Enforcement of child labor laws.
Section 60-12-12 - Investigation of complaints by department--Criminal prosecution.
Section 60-12-13 - Visitation and inspection of places of employment by department.
Section 60-12-14 - Superintendent's visitation of places of employment.
Section 60-12-15 - Equal pay for equal work--Discrimination based on sex prohibited.
Section 60-12-16 - Differentials excluded from prohibition.
Section 60-12-17 - Terms and conditions of employment--Employers required to maintain records.
Section 60-12-18 - Liability of employer for sex discrimination in wages--Other remedies unimpaired.
Section 60-12-19 - Action to recover unpaid wages--Agreement to work for less no defense.
Section 60-12-20 - Time for commencement of action for unpaid wages.