South Dakota Paychecks laws & HR compliance analysis
South Dakota Paychecks: What you need to know
The term “employer” includes any person, firm, partnership, limited liability company, association, corporation, or officer of a court of the state (SD Cod. Laws Sec. 60-11-8).
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Employers must pay cash wages at least once per calendar month or on regular paydays designated in advance (SD Cod. Laws Sec. 60-11-9et seq.).
An employer may pay wages by check, cash, or direct deposit to the employee's bank account, unless an employer and employee agree to another form of payment (SD Cod. Laws Sec. 60-11-9). There is no statute that specifically permits the payment of wages with a payroll card. If an employer and employee agree to use a payroll card for payment of wages, it would be allowed under state law.
An employee who voluntarily quits or who is terminated must receive the final paycheck by the later of the next regular payday or when the employee returns all property of the employer in the employee's possession.
When work is suspended because of a strike, lockout, or other labor dispute, wages and other compensation that have been earned up to that time are due and payable on the next regular payday.
In the case of a wage dispute, the employer must give written notice to the employee of the amount of wages minus any money the employee owes the employer and must pay the employee by the next regular payday. Acceptance by the employee of any payment made does not release the employer from paying the employee the rest of the money owed (SD Cod. Laws Sec. 60-11-13).
An employer may not discharge, discriminate, or engage in or threaten to engage in any harm, economic or otherwise, against any employee ...