South Dakota Jury Duty/ Court Appearance laws & HR compliance analysis

South Dakota Jury Duty/ Court Appearance: What you need to know

In South Dakota, employers may face imprisonment or fines for terminating or suspending an employee who has been summoned for jury duty or face litigation for discharging an employee subpoenaed to appear in a court proceeding.
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An employer may not discharge or suspend any employee who has been summoned for jury duty in any court in the state of South Dakota. Violation of this provision is a Class 2 misdemeanor punishable by 30 days' imprisonment in a county jail or a $500 fine, or both (SD Cod. Laws Sec. 16-13-41.1 and Sec. 22-6-2). An employee is entitled to the same job status, pay, and seniority upon return from jury duty (SD Cod. Laws Sec. 16-13-41.2).
Jurors may obtain certificates of attendance at the clerk's office in the courthouse.
Jurors receive payment for each day they report to the courthouse for jury service plus round-trip mileage from their home. The fee is increased if the juror is selected to hear a case.
Private employers. State law says that payment for absences caused by jury duty or court appearances is at the discretion of the employer.
Although not required to do so, many private employers do pay all employees called to jury duty or court appearances, regardless of exempt or nonexempt status (see Federal Law Considerations for Exempt Employees in this section for details). Some courts pay jurors a small fee, and the employer may offset any amounts received by an employee for a particular week against the salary due for that particular week.
Public employers. While on jury duty leave, state employees are entitled to their regular salary and any per diem and mileage fees from the court.
State employees are entitled to their regular salary when subpoenaed to testify ...

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