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South Dakota Wage and Hour Investigations: What you need to know

The state's attorneys are responsible for investigating and prosecuting violations and suspected violations of South Dakota's labor laws, but the Department of Labor and Regulation has the same authority in the event that the state's attorney does not prosecute a known violation (SD Cod. Laws Sec. 60-5-15). The Department (or its authorized representatives) may enter places of employment to inspect records and determine if wage payment requirements are being met (SD Cod. Laws Sec. 60-11-17).
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Misdemeanors. Employers may be charged with a misdemeanor for:
• Paying their employees less than the minimum wage (SD Cod. Laws Sec. 60-11-3);
• Intentionally refusing to pay wages due and payable when demanded (SD Cod. Laws Sec. 60-11-15); and
• Failing to follow recordkeeping requirements for minor employees (SD Cod. Laws Sec. 60-12-6).
An employer who refuses to pay wages may have to pay double the wages due (SD Cod. Laws Sec. 60-11-7), and an employer who discriminates against employees on the basis of gender is liable to the affected employee in the amount of unpaid wages and, possibly, attorney's fees and costs (SD Cod. Laws Sec. 60-12-18).
Retaliation prohibited. No employer may discharge or discriminate against an employee because that employee has filed or is about to file a wage complaint or because the employee has testified or is about to testify about a wage complaint (SD Cod. Laws Sec. 60-11-17.1).

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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