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).
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).