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Employment Laws in South Dakota

Filed under Hiring Workers. Fact checked on May 25, 2012.

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Employers in South Dakota must conform to these state rules relating to the employment relationship.

Employee is any person who performs services for an employer for compensation in any form.

Employer is anyone within South Dakota who hires or employs any employee, without regard to location, or who hires an employee for services to be performed in South Dakota.

Prohibited Employment Discrimination

Employers may not base their hiring or employment practices on the individual's or applicant's:

  • race
  • color
  • creed
  • religion
  • sex
  • ancestry
  • disability
  • national origin

Smoking preference. Employers may not terminate an employee because the individual uses tobacco products off the employer's premises during nonworking hours. However, an employer can restrict the off-duty use of tobacco by an employee if such usage is reasonably related to the employee's employment activities and responsibilities of a particular employee or group of employees.

Recordkeeping Requirements

Every employer of more than 25 persons must make, keep and maintain the records of the wage and wage rates, job classifications, and other terms and conditions of employment of the persons it employs, and must preserve the records for a reasonable period of time.

Posting Requirements

As a relief or penalty for a human rights violation, employers may be directed to post in a conspicuous place notices setting forth requirements for compliance with the Human Rights Law and other relevant information the Commission determines necessary to explain the law.

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