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Chapter 01 - Nature And Terms Of Employment
Section 60-1-1 - Employee defined. - 60-1-1. Employee defined. An employee is a person who is...
Section 60-1-2 - Contract of employment defined. - 60-1-2. Contract of employment defined. The contract of employment is...
Section 60-1-3 - Relevancy of wage estimation period in determining term of employment. - 60-1-3. Relevancy of wage estimation period in determining term of...
Section 60-1-4 - Presumption as to monthly hiring. - 60-1-4. Presumption as to monthly hiring. In the absence of...
Section 60-1-5 - Continuation in service--Renewal presumed on same terms. - 60-1-5. Continuation in service--Renewal presumed on same terms. Where after...
Section 60-1-6 - Franchisee or employee of franchisee not an employee of franchisor. - 60-1-6. Franchisee or employee of franchisee not an employee of...
Section 60-1-7 - Delivery facilitation contractor considered an independent contractor--Criteria--Services performed before July 1, 2022. - 60-1-7. Delivery facilitation contractor considered an independent contractor--Criteria--Services performed before...
Section 60-1-8 - Delivery facilitation contractor and delivery facilitation platform defined. - 60-1-8. Delivery facilitation contractor and delivery facilitation platform defined. Terms...
Chapter 02 - Obligations Of Employer And Employee
Section 60-2-1 - Indemnification of employee by employer--Exceptions. - 60-2-1. Indemnification of employee by employer--Exceptions. An employer shall indemnify...
Section 60-2-2 - Losses for which employer not required to indemnify employee. - 60-2-2. Losses for which employer not required to indemnify employee....
Section 60-2-3 - Employer to indemnify for his own negligence. - 60-2-3. Employer to indemnify for his own negligence. An employer...
Section 60-2-4 - Service with ordinary care and diligence. - 60-2-4. Service with ordinary care and diligence. Any person who...
Section 60-2-5 - Duties of employee for his own benefit. - 60-2-5. Duties of employee for his own benefit. Any person...
Section 60-2-6 - Contract for service limited to two years. - 60-2-6. Contract for service limited to two years. No contract...
Section 60-2-7 - Obedience to employer required--Exceptions. - 60-2-7. Obedience to employer required--Exceptions. An employee shall substantially comply...
Section 60-2-8 - Duty of employee to conform to usage--Exception. - 60-2-8. Duty of employee to conform to usage--Exception. An employee...
Section 60-2-9 - Degree of skill required of employee. - 60-2-9. Degree of skill required of employee. An employee shall...
Section 60-2-10 - Products of employment belong to employer--Exception. - 60-2-10. Products of employment belong to employer--Exception. Anything that an...
Section 60-2-11 - Duty of employee to account. - 60-2-11. Duty of employee to account. An employee shall, on...
Section 60-2-12 - Employee not bound to deliver without demand. - 60-2-12. Employee not bound to deliver without demand. An employee...
Section 60-2-13 - Preference to employer's business. - 60-2-13. Preference to employer's business. An employee who has any...
Section 60-2-14 - Preference between employers according to urgency. - 60-2-14. Preference between employers according to urgency. If an employee...
Section 60-2-15 - Responsibility of employee for substitute. - 60-2-15. Responsibility of employee for substitute. An employee who is...
Section 60-2-16 - Responsibility to employer for misconduct. - 60-2-16. Responsibility to employer for misconduct. An employee who is...
Section 60-2-17 - Duty of surviving employee. - 60-2-17. Duty of surviving employee. If service is rendered by...
Section 60-2-18 - Day's labor defined. - 60-2-18. Day's labor defined. A day's labor for employees is...
Section 60-2-19 - Duty of employee to deliver things received. - 60-2-19. Duty of employee to deliver things received. An employee...
Section 60-2-20 - Use of genetic information in employment practices prohibited--Exceptions--Action for damages. - 60-2-20. Use of genetic information in employment practices prohibited--Exceptions--Action for...
Section 60-2-21 - "Genetic information" defined. - 60-2-21."Genetic information" defined. For the purposes of §60-2-20, genetic information...
Chapter 03 - Gratuitous Employees
Section 60-3-1 - Diligence and care required. - 60-3-1. Diligence and care required. Any person who undertakes to...
Section 60-3-2 - Duty of employee under power of attorney. - 60-3-2. Duty of employee under power of attorney. A gratuitous...
Chapter 04 - Termination Of Employment
Section 60-4-1 - Death or incapacity of employer. - 60-4-1. Death or incapacity of employer. An employment in which...
Section 60-4-2 - Expiration of appointed term--Extinction of subject--Death or incapacity of employee. - 60-4-2. Expiration of appointed term--Extinction of subject--Death or incapacity of...
Section 60-4-3 - Employee must continue in certain cases. - 60-4-3. Employee must continue in certain cases. An employee, unless...
Section 60-4-4 - Termination at will. - 60-4-4. Termination at will. An employment having no specified term...
Section 60-4-5 - Neglect or breach of duty--Incapacity to perform. - 60-4-5. Neglect or breach of duty--Incapacity to perform. An employment...
Section 60-4-6 - Breach of obligation of employer. - 60-4-6. Breach of obligation of employer. An employment even for...
Section 60-4-9 - Discharge of employee--Misconduct or immorality. - 60-4-9. Discharge of employee--Misconduct or immorality. An employer may discharge...
Section 60-4-10 - Discharge of employee--Concealment of misconduct. - 60-4-10. Discharge of employee--Concealment of misconduct. An employer may discharge...
Section 60-4-11 - Discrimination against employee off-duty use of tobacco. - 60-4-11. Discrimination against employee off-duty use of tobacco. It is...
Section 60-4-12 - Presumption of good faith disclosure of employment information to prospective employers. - 60-4-12. Presumption of good faith disclosure of employment information to...
Chapter 05 - Administration Of Labor Laws
Section 60-5-4 - Department created--Functions and responsibility. - 60-5-4. Department created--Functions and responsibility. There is hereby created a...
Section 60-5-10 - Appointment of employees. - 60-5-10. Appointment of employees. The secretary of labor and regulation...
Section 60-5-11 - Department enforcement of labor laws. - 60-5-11. Department enforcement of labor laws. The Department of Labor...
Section 60-5-14 - Enforcement of laws relating to minors--Separate division in department. - 60-5-14. Enforcement of laws relating to minors--Separate division in department....
Section 60-5-15 - Investigation and prosecution of violations of labor laws--Duty of state's attorneys. - 60-5-15. Investigation and prosecution of violations of labor laws--Duty of...
Section 60-5-18 - Fees established by rule. - 60-5-18. Fees established by rule. The department may, by rules...
Chapter 06 - State Employment Service
Section 60-6-1 - Free employment service--Acceptance of federal provisions. - 60-6-1. Free employment service--Acceptance of federal provisions. The Department of...
Section 60-6-3 - Department and secretary defined. - 60-6-3. Department and secretary defined. The term, department, as used...
Section 60-6-4 - Cooperation with offices and agencies of the United States. - 60-6-4. Cooperation with offices and agencies of the United States....
Section 60-6-7 - Federal funds paid into special employment service account-- Expenditure by secretary. - 60-6-7. Federal funds paid into special employment service account-- Expenditure...
Section 60-6-8 - Acceptance of funds, services, or quarters as contribution to employment service account. - 60-6-8. Acceptance of funds, services, or quarters as contribution to...
Section 60-6-14 - Employees--Appointment--Location. - 60-6-14. Employees--Appointment--Location. The secretary may appoint employees to carry out...
Section 60-6-18 - Aid to employees in enforcement of claims--Duties of secretary. - 60-6-18. Aid to employees in enforcement of claims--Duties of secretary....
Section 60-6-22 - Solicitation of business for public employment offices. - 60-6-22. Solicitation of business for public employment offices. The secretary...
Section 60-6-23 - Bulletin as to state of labor market--Publication by department. - 60-6-23. Bulletin as to state of labor market--Publication by department....
Section 60-6-24 - Fees for services not permitted--Violation as misdemeanor--Disqualification from office. - 60-6-24. Fees for services not permitted--Violation as misdemeanor--Disqualification from office....
Chapter 08 - Interference With Employment
Section 60-8-1 - Intimidation of employees--Misdemeanor. - 60-8-1. Intimidation of employees--Misdemeanor. Any person who by any use...
Section 60-8-2 - Intimidation of employers--Misdemeanor. - 60-8-2. Intimidation of employers--Misdemeanor. Any person who by any use...
Section 60-8-3 - Denial of right to work because of membership or nonmembership in union--Misdemeanor. - 60-8-3. Denial of right to work because of membership or...
Section 60-8-4 - Agreement denying free exercise of right to work as misdemeanor. - 60-8-4. Agreement denying free exercise of right to work as...
Section 60-8-5 - Coercion to enter into agreement denying free exercise of right to work as misdemeanor. - 60-8-5. Coercion to enter into agreement denying free exercise of...
Section 60-8-6 - Coercion of employee to join labor organization--Misdemeanor. - 60-8-6. Coercion of employee to join labor organization--Misdemeanor. Any solicitation...
Section 60-8-8 - Violation of right to work law--Investigations by state's attorney--Prosecutions. - 60-8-8. Violation of right to work law--Investigations by state's attorney--Prosecutions....
Chapter 09 - Labor Unions
Section 60-9-1 - Labor organization--Actions by and against--Funds subject to execution--Service of process. - 60-9-1. Labor organization--Actions by and against--Funds subject to execution--Service of...
Section 60-9-2 - Enforcement of money judgment against labor organization. - 60-9-2. Enforcement of money judgment against labor organization. Any money...
Section 60-9-3 - Rights and liabilities of individual members--Actions by and against, joint or several. - 60-9-3. Rights and liabilities of individual members--Actions by and against,...
Section 60-9-4 - Collective bargaining agreement--Enforcement--Remedies for breach. - 60-9-4. Collective bargaining agreement--Enforcement--Remedies for breach. Any collective bargaining agreement...
Section 60-9-5 - Injunctive relief in labor dispute--Cost bond only bond required. - 60-9-5. Injunctive relief in labor dispute--Cost bond only bond required....
Section 60-9-6 - Statement of income and expenditures by union--Filing with secretary of state--Violation as misdemeanor. - 60-9-6. Statement of income and expenditures by union--Filing with secretary...
Section 60-9-7 - Agricultural premises--Entry for union purposes restricted--Violation as misdemeanor. - 60-9-7. Agricultural premises--Entry for union purposes restricted--Violation as misdemeanor. No...
Section 60-9-8 - Compensation for services to agricultural employer for labor union connection prohibited--Misdemeanor. - 60-9-8. Compensation for services to agricultural employer for labor union...
Chapter 09A - Collective Bargaining
Section 60-9A-1 - Definition of terms. - 60-9A-1. Definition of terms. Terms used in this chapter mean:...
Section 60-9A-2 - Rights of employees--Labor organizations--Collective bargaining. - 60-9A-2. Rights of employees--Labor organizations--Collective bargaining. In accordance with this...
Section 60-9A-3 - Collective bargaining unit as exclusive representative of employees--Individual grievances excepted. - 60-9A-3. Collective bargaining unit as exclusive representative of employees--Individual grievances...
Section 60-9A-4 - Administration and enforcement. - 60-9A-4. Administration and enforcement. The Department of Labor and Regulation...
Section 60-9A-5 - Jurisdiction of department over labor disputes and grievances. - 60-9A-5. Jurisdiction of department over labor disputes and grievances. The...
Section 60-9A-6 - Determinations as to composition of bargaining unit--Certification. - 60-9A-6. Determinations as to composition of bargaining unit--Certification. Whenever a...
Section 60-9A-7 - Investigation of bargaining unit questions--Election by employees--Waiting period before reconsideration. - 60-9A-7. Investigation of bargaining unit questions--Election by employees--Waiting period before...
Section 60-9A-8 - Tentative settlements--Recommendations to employer and bargaining units. - 60-9A-8. Tentative settlements--Recommendations to employer and bargaining units. If a...
Section 60-9A-9 - Implementation of labor agreements--Failure to bargain in good faith. - 60-9A-9. Implementation of labor agreements--Failure to bargain in good faith....
Section 60-9A-10 - Request for departmental intervention on failure to agree--Other procedures allowed. - 60-9A-10. Request for departmental intervention on failure to agree--Other procedures...
Section 60-9A-12 - Unfair practices by employers. - 60-9A-12. Unfair practices by employers. It shall be an unfair...
Section 60-9A-13 - Unfair practices by collective bargaining units. - 60-9A-13. Unfair practices by collective bargaining units. It is an...
Section 60-9A-14 - Closed shop and agency shop contracts not authorized. - 60-9A-14. Closed shop and agency shop contracts not authorized. Nothing...
Chapter 10 - Labor Disputes, Picketing And Boycotts
Section 60-10-1 - Conciliation of labor dispute by Department of Labor and Regulation. - 60-10-1. Conciliation of labor dispute by Department of Labor and...
Section 60-10-2 - Unsuccessful efforts to conciliate--Investigation of matters in difference--Recommendation for settlement. - 60-10-2. Unsuccessful efforts to conciliate--Investigation of matters in difference--Recommendation for...
Section 60-10-3 - Appointees of parties to assist in investigations. - 60-10-3. Appointees of parties to assist in investigations. The secretary...
Section 60-10-4 - Picketing of agricultural premises as misdemeanor. - 60-10-4. Picketing of agricultural premises as misdemeanor. No person shall...
Section 60-10-5 - Boycott of nonunion products as misdemeanor. - 60-10-5. Boycott of nonunion products as misdemeanor. No person may...
Section 60-10-7 - Right to strike or right to work unaffected, exception. - 60-10-7. Right to strike or right to work unaffected, exception....
Section 60-10-8 - Severability of provisions relating to agricultural workers. - 60-10-8. Severability of provisions relating to agricultural workers. If any...
Section 60-10-10 - Interference with right to work by use of force and violence as misdemeanor. - 60-10-10. Interference with right to work by use of force...
Section 60-10-11 - Obstructing entrance to premises--Interference with use of public way--Unlawful picketing--Misdemeanor. - 60-10-11. Obstructing entrance to premises--Interference with use of public way--Unlawful...
Section 60-10-12 - Labor dispute--Violence and intimidation as misdemeanor--Unlawful destruction or seizure of property. - 60-10-12. Labor dispute--Violence and intimidation as misdemeanor--Unlawful destruction or seizure...
Section 60-10-13.1 - Restrictions on number and location of pickets--Violation as misdemeanor. - 60-10-13.1. Restrictions on number and location of pickets--Violation as misdemeanor....
Section 60-10-15 - Violations of provisions restricting picketing and violence--Prosecutions. - 60-10-15. Violations of provisions restricting picketing and violence--Prosecutions. The state's...
Section 60-10-16 - Severability of provisions relating to picketing and violence. - 60-10-16. Severability of provisions relating to picketing and violence. If...
Chapter 11 - Wages, Hours And Conditions Of Employment
Section 60-11-1 - Manufacturing or mechanical occupations--Hours of labor. - 60-11-1. Manufacturing or mechanical occupations--Hours of labor. A day's labor...
Section 60-11-2 - Requiring employee to pay cost of medical examination prohibited--Misdemeanor--Employer and employee defined. - 60-11-2. Requiring employee to pay cost of medical examination prohibited--Misdemeanor--Employer...
Section 60-11-3 - Minimum wage--Misdemeanor--Certain employees excluded. - 60-11-3. Minimum wage--Misdemeanor--Certain employees excluded. Every employer shall pay to...
Section 60-11-3.1 - Minimum wage for tipped employees--Tips credited toward minimum wage--Certain persons excluded. - 60-11-3.1. Minimum wage for tipped employees--Tips credited toward minimum wage--Certain...
Section 60-11-3.2 - Annual minimum wage adjustment. - 60-11-3.2. Annual minimum wage adjustment. Beginning January 1, 2016, and...
Section 60-11-4 - Minimum wage--Agreement to work for less ineffective. - 60-11-4. Minimum wage--Agreement to work for less ineffective. A person...
Section 60-11-4.1 - Opportunity wage allowed. - 60-11-4.1. Opportunity wage allowed. Any employee who is under twenty...
Section 60-11-5 - Exemptions from minimum wage provisions. - 60-11-5. Exemptions from minimum wage provisions. The provisions of §§60-11-3...
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...
Section 60-11-8 - Employers subject to wage payment requirements. - 60-11-8. Employers subject to wage payment requirements. In §§60-11-9 to...
Section 60-11-9 - Monthly wage payments required--Agreed pay day--Form of payment. - 60-11-9. Monthly wage payments required--Agreed pay day--Form of payment. Every...
Section 60-11-10 - Prompt payment of wages due on separation by employer--Withholding for return of employer's property. - 60-11-10. Prompt payment of wages due on separation by employer--Withholding...
Section 60-11-11 - Payment on regular pay day after resignation by employee--Withholding for return of employer's property. - 60-11-11. Payment on regular pay day after resignation by employee--Withholding...
Section 60-11-12 - Payment on regular pay day during labor dispute--Return of deposit for faithful performance. - 60-11-12. Payment on regular pay day during labor dispute--Return of...
Section 60-11-13 - Payment of conceded wages when amount in dispute--Acceptance not a release of balance. - 60-11-13. Payment of conceded wages when amount in dispute--Acceptance not...
Section 60-11-14 - Provisions applicable to cash wages only. - 60-11-14. Provisions applicable to cash wages only. Sections 60-11-8 to...
Section 60-11-15 - Employer's intentional refusal to pay wages--Misdemeanor. - 60-11-15. Employer's intentional refusal to pay wages--Misdemeanor. Any employer who...
Section 60-11-16 - Fraudulent claim by employee--Misdemeanor. - 60-11-16. Fraudulent claim by employee--Misdemeanor. Any employee who falsifies the...
Section 60-11-17 - Department to investigate and prosecute violations--Hearings--Access to employer's records. - 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. - 60-11-17.1. Reprisals because of wage complaints or proceedings prohibited. No...
Section 60-11-18 - Department may take assignment of employees' claims-- Prosecution--Joinder of actions. - 60-11-18. Department may take assignment of employees' claims-- Prosecution--Joinder of...
Section 60-11-19 - Assignment of employees' claims in trust to department--Prosecution--Settlement and adjustment. - 60-11-19. Assignment of employees' claims in trust to department--Prosecution--Settlement and...
Section 60-11-20 - Promulgation of rules. - 60-11-20. Promulgation of rules. The Department of Labor and Regulation...
Section 60-11-21 - Reciprocal agreements with other states for enforcement of wage claims. - 60-11-21. Reciprocal agreements with other states for enforcement of wage...
Section 60-11-22 - Maintenance of actions outside state by department--Assignment to other state for collection. - 60-11-22. Maintenance of actions outside state by department--Assignment to other...
Section 60-11-23 - Actions in South Dakota on claims arising in other states--Reciprocation required. - 60-11-23. Actions in South Dakota on claims arising in other...
Section 60-11-24 - Action removed by defendant--Plaintiff's costs and attorney fees. - 60-11-24. Action removed by defendant--Plaintiff's costs and attorney fees. In...
Chapter 12 - Child Labor--Discrimination On Basis Of Sex
Section 60-12-1 - Maximum hours for children under sixteen--Exceptions--Misdemeanor. - 60-12-1. Maximum hours for children under sixteen--Exceptions--Misdemeanor. No unemancipated child...
Section 60-12-1.1 - School day and school week defined. - 60-12-1.1. School day and school week defined. As used in...
Section 60-12-2 - Employment of child under fourteen years of age restricted--Violation as misdemeanor. - 60-12-2. Employment of child under fourteen years of age restricted--Violation...
Section 60-12-3 - Prohibited employment or exploitation of minors--Separate age limit for pumping fuel--Misdemeanor--Employment by parents excepted--License, permit, or certificate for agricultural employment. - 60-12-3. Prohibited employment or exploitation of minors--Separate age limit for...
Section 60-12-5 - Labor of minor necessary for support--Permit authorizing employment. - 60-12-5. Labor of minor necessary for support--Permit authorizing employment. If...
Section 60-12-6 - Records of employment of children required--Public inspection--Misdemeanor. - 60-12-6. Records of employment of children required--Public inspection--Misdemeanor. Every employer...
Section 60-12-7 - Cleanliness, ventilation and rest rooms in shops employing children--Dressing rooms--Misdemeanor. - 60-12-7. Cleanliness, ventilation and rest rooms in shops employing children--Dressing...
Section 60-12-8 - Cleanliness of interior of factory--Misdemeanor. - 60-12-8. Cleanliness of interior of factory--Misdemeanor. The interior of every...
Section 60-12-9 - Seats for children required--Violation as misdemeanor. - 60-12-9. Seats for children required--Violation as misdemeanor. In any mercantile...
Section 60-12-11 - Enforcement of child labor laws. - 60-12-11. Enforcement of child labor laws. The Department of Labor...
Section 60-12-12 - Investigation of complaints by department--Criminal prosecution. - 60-12-12. Investigation of complaints by department--Criminal prosecution. The Department of...
Section 60-12-13 - Visitation and inspection of places of employment by department. - 60-12-13. Visitation and inspection of places of employment by department....
Section 60-12-14 - Superintendent's visitation of places of employment. - 60-12-14. Superintendent's visitation of places of employment. Every factory, workshop,...
Section 60-12-15 - Equal pay for equal work--Discrimination based on sex prohibited. - 60-12-15. Equal pay for equal work--Discrimination based on sex prohibited....
Section 60-12-16 - Differentials excluded from prohibition. - 60-12-16. Differentials excluded from prohibition. Differentials which are paid pursuant...
Section 60-12-17 - Terms and conditions of employment--Employers required to maintain records. - 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. - 60-12-18. Liability of employer for sex discrimination in wages--Other remedies...
Section 60-12-19 - Action to recover unpaid wages--Agreement to work for less no defense. - 60-12-19. Action to recover unpaid wages--Agreement to work for less...
Section 60-12-20 - Time for commencement of action for unpaid wages. - 60-12-20. Time for commencement of action for unpaid wages. Court...
Section 60-12-21 - Employer prohibited from threatening employee to prevent enforcement of discrimination provisions. - 60-12-21. Employer prohibited from threatening employee to prevent enforcement of...
Chapter 13 - Employee Benefit Trusts
Section 60-13-1 - Trust for benefit of employees not invalidated by rule against perpetuities. - 60-13-1. Trust for benefit of employees not invalidated by rule...
Section 60-13-2 - Validity of prior trust for benefit of employees. - 60-13-2. Validity of prior trust for benefit of employees. No...
Chapter 14 - Nannies
Section 60-14-1 - Definition of terms. - 60-14-1. Definition of terms. Terms used in this chapter mean:...
Section 60-14-2 - Application of chapter. - 60-14-2. Application of chapter. This chapter applies to nanny applicants...
Section 60-14-3 - Contract between agency and employer--Specifications. - 60-14-3. Contract between agency and employer--Specifications. A nanny agency shall...
Section 60-14-4 - Contract between agency and applicant. - 60-14-4. Contract between agency and applicant. A nanny agency shall...
Section 60-14-5 - Employment contract between prospective employer and nanny applicant. - 60-14-5. Employment contract between prospective employer and nanny applicant. Any...
Section 60-14-6 - Contract between employer and nanny voidable--Liability for costs. - 60-14-6. Contract between employer and nanny voidable--Liability for costs. Any...