South Dakota labor laws were created to protect employees from misconduct by employers. The laws ensure that employees are paid fairly and have all the benefits to which they are entitled. They are also designed to stop employers from breaking any federal or state laws that would hurt employees.
These laws outline what rights are available to employees and how they can exercise them. If you are concerned about not being protected on your job, you should contact a local lawyer to determine your rights.
The Difference Between Part-Time and Full-Time Employment in South Dakota
South Dakota has no law or regulation establishing how many hours you must work to be full-time or part-time. Thus, it is up to each company to set how many hours an employee must work to be part-time or full-time. If you do not know if you are a full-time or part-time employee, you should look at your employment contract or your employee handbook or speak to your supervisor or human resources department.
Part-time employees are typically presented with different (more limited) options in terms of benefits and other rights compared with full-time employees. For instance, part-time employees may not always have access to medical and dental coverage, paid days off, and other benefits. These, however, may be subject to negotiation and agreement between the worker and their employer.
What is South Dakota’s Minimum Wage and Overtime Policy?
The minimum wage in South Dakota has recently increased to $10.80 per hour. For tipped employees, the minimum wage is $5.40. If there is an increase in the minimum wage soon, it will likely be announced by October, and any increase will depend on the cost of living. The minimum wage cannot be lowered but only raised.
Some employees are exempt from the minimum wage requirement and can be paid less:
- Workers at seasonal amusement or recreational establishments like amusement parks and beaches.
- Babysitters
- Outside salespersons
- Workers who are in training, apprentices
- People who have a developmental disability
There are no state laws about overtime in South Dakota. Rather, the state enforces the federal Fair Labor Standards Act (FLSA), which dictates that if you work over 40 hours a week, your employer must pay you 1 ½ times your hourly pay. South Dakota also allows for mandatory overtime, so an employer can demand an employee work as many hours as the employer needs them to.
What Happens if You Are Not Paid Correctly?
In many cases, the issue with a paycheck involves the miscalculation of the number of hours the employee has worked or a mistake regarding an employee’s pay rate. In other cases, the amount paid might not be correct because of an oversight, error, or intentional mispayment.
In these situations, a wage and hour lawsuit may be necessary. These types of claims allow the courts to review the situation and determine the appropriate remedy for the employee.
If many workers have had the same problem with their paychecks, a lawsuit may be filed as a class action suit. In a class action suit, several people with similar complaints band together and sue the defendant as if they were one plaintiff. If the defendant loses, the defendant will have to make a single large payment to cover all owed to the whole group of people. They will then divide it up amongst the class’s members.
A class action suit can be very helpful if the amount of money you would individually sue for is relatively low – particularly if it is not high enough to be economically practical to file your own personal lawsuit. By uniting your claims with those of your co-workers, you will share all of the costs of bringing a lawsuit with the group members.
Are Employers Required to Offer Health Benefits in South Dakota?
South Dakota does not have any health benefits laws. Instead, it relies on the federal Affordable Care Act (ACA). The ACA requires that employers with 50 or more full-time employees provide at least 95% of their employees with health insurance.
This plan must cover at least 60% of typical health costs. If the company you work for has less than 50 employees, then it is up to the company to decide if it wants to offer health insurance. Most often, part-time employees do not receive any health benefits.
Is there Paid Time-Off in South Dakota?
South Dakota does not have its own laws about time off for employees. However, if your company has 50 or more employees and does business in multiple states, you are covered by the federal Family and Medical Leave Act (FMLA).
Under FMLA, an employee can take up to 12 weeks of unpaid leave for medical leave. During that time, the employer must continue the employee’s health benefits. Employees also have the right to return to their jobs when they return.
In South Dakota, no law requires employers to provide paid sick or vacation leave. Instead, it is up to each company to decide its own policy. If you are unsure about what your employer offers, check your employment handbook, employment contract, supervisor, or someone in your Human Resources (HR) department.
How Employment Discrimination is Treated in South Dakota?
National law states that employees working for companies with at least 20 employees cannot be discriminated against because of their race, age, color, religion, gender, genetic information, national origin, disability, or citizenship status.
In South Dakota, the law protecting employees against discrimination is the South Dakota Human Relations Act. It offers the same protections against discrimination as those offered by federal law.
South Dakota also protects employees from retaliation by the employer for filing a discrimination claim.
If you believe, you can file a complaint with the South Dakota Division of Human Rights (SDDHR) or the federal Equal Employment Opportunity Commission (EEOC). Both agencies have their own deadlines, so make sure to file early so as not to miss any time limits.
South Dakota does not have a limit on the damages you can get. But if you end up suing in a federal court, the amount you can receive depends on the size of the company. The following are the limits on potential damages:
- For companies with 15 to 100 employees, the limit is $50,000;
- For companies with 101 to 200 employees, the limit is $100,000;
- For companies with 201 to 500 employees, the limit is $200,000, and
- For companies with more than 500 employees, the limit is $300,000.
Where Can I Find a Local Lawyer to Help Me?
You should never accept being denied your rights by your employer. If you are concerned that you are being prevented from enjoying your rights as an employee, contact a South Dakota labor lawyer today. A lawyer can help you understand your rights and how you can ensure that your employer respects your rights.
