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South Dakota Wrongful Termination Laws
South Dakota generally aligns with federal wrongful termination and discrimination laws, like the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. While they have enacted some supplemental statutes in the state, they are few in number and not as complex as those in some other states. And while South Dakota is also an “at will” employment state, federal laws limit the formerly unrestricted right of employees and employers to terminate the employment relationship for any reason. Federal and state laws also provide legal relief which the employee can pursue through state agencies or private civil suits.
South Dakota’s Specific Labor Laws
The following chart contains the state labor laws enacted to supplement the federal wrongful termination and discrimination laws that apply throughout the country:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
Yes |
|
|
State Minimum Wage |
$5.15 |
Maximum tip credit, $3.02; minimum cash wage for tipped employee, $2.13 |
|
State Military Leave |
Yes |
Employees ordered to active duty with South Dakota National Guard are guaranteed the same leave and reinstatement benefits as those provided under USERRA |
|
Jury Duty |
Yes |
Unpaid leave; employee may not be penalized or terminated if called to serve |
|
Voting |
Yes |
Paid time off, if required; employee allowed 2 consecutive hours at employer’s discretion; not required if employee has 2 consecutive nonwork hours while polls are open |
|
Garnishment |
Yes |
Employer fee, $15 for preparing garnishment disclosure; applies only to child support and children’s health garnishments; termination, discipline, or penalties for garnishment prohibited (no limit specified); |
|
State Family & Medical Leave |
No |
|
|
Arrest & Conviction Records |
Yes |
Employer is not to ask about arrests or convictions unless they are significantly relevant to the job |
|
Discrimination |
Yes |
For 1 or more employees; for national origin; disability (physical, mental, and learning); gender; race; religion; gender testing; pre-existing injury |
|
Whistleblower |
Yes |
For both public and private employees; employer cannot terminate, discriminate, or retaliate against employee for reporting violations |
|
Plant Closings |
No |
|
*These laws change often, so consult local statutes for the most up-to-date information.
South Dakota Discrimination Laws
- There is great freedom in South Dakota for employees to file discrimination claims with state agencies first, and then through private civil actions, as outlined in these parameters:
- South Dakota mandates that the state office of the Division of Human rights take priority in pursing claims for discrimination or wrongful termination.
If the state agency is unable to provide a satisfactory resolution to an employee’s claim against an employer who violated discrimination laws, the employee and their employee rights lawyer may pursue a private civil action.
- In successful discrimination claims, either by state agencies or employee rights attorneys, the employee has the right to recover attorney’s fees.
- Employees must ensure that the state agency or their employee rights attorney file discrimination claims within the 180-day statute of limitations.
Filing a Claim for Wrongful Termination
While employees must first file their wrongful termination claims with the state Division of Human Rights, if the agency decides not to pursue that claim, the employee and their employee rights attorney then have the right to file a private civil suit.
Legal Remedies for Wrongful Termination
The remedies employees may pursue for relief from wrongful termination or discrimination in the workplace include one or more of the following:
- Reinstatement of benefits and position
- Lost wages
- Compensation for stress and suffering
- Punitive damages
- Attorney’s fees and court costs
- Injunctive relief in the workplace
Additional South Dakota penalties for employers who are guilty of discrimination or wrongful termination are as follows:
Jury duty – Class 2 misdemeanor, fines of up to $500 and/or 30 days in county jail
Garnishment – child support withholding only; for violating employee rights or noncompliance with support orders, petty offense
While South Dakota does not have the extensive list of state labor laws that some other states do, it does not minimize the seriousness of those violations that do occur. Employees who must begin their quest for remedies may be required to pursue the process through the state Division of Human Rights, but they may still want to consult an employee rights attorney to ensure that they are moving in the right direction and, if necessary, that they have a skilled legal advisor to call upon if it becomes necessary to file a private civil suit.
Local Resources
Division of Human Rights
Pierre, SD
605-773-4493
www.state.sd.us/dol/boards/hr