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South Dakota Hiring: What you need to know

Under the South Dakota Human Relations Act, employers may not discriminate in hiring practices on the basis of race, color, creed, religion, sex, ancestry, disability, or national origin (SD Cod. Laws Sec. 20-13-1 et seq.). The law applies to all employers in the state.
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In response to federal legislation aimed at making it more difficult for individuals to evade child support obligations, all states must now collect information regarding the hire or rehire of employees. South Dakota's new hire reporting statute requires all employers to report certain information about each new employee to the Department of Labor within 20 days of the date of hire (SD Cod. Laws Sec. 25-7A-3.3). Failure to report as required may result in the assessment of fines against the employer.
All employers operating in South Dakota should report new hires. However, some payroll processing services automatically report additions to the employers' payrolls as they are processed. Employers using a payroll processing service should check to see if it is reporting new hires. Temporary agencies are required to report on behalf of any individual they maintain on their own payroll. Likewise, labor unions must report individuals they employ and pay, but need not report individuals they merely refer for employment by others. South Dakota requires employers to file a new hire report for anyone rehired 30 days or more after layoff or termination.
Multistate employers. Pursuant to federal regulations governing the nationwide new hire reporting registry, multistate employers are permitted to designate one state for the reporting of new hires, provided reports are filed electronically in accordance ...

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South Dakota Hiring Resources

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Topics covered:
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2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

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