South Dakota Labor Law Updates
All businesses with employees in South Dakota are required by state & federal employment laws to post Labor Law Posters in a visible location. Employment laws change often, which require labor law posters to be updates. Below includes past & most recent mandatory labor law updates which require employers to post the latest version of these posters.
Mandatory change(s) for the state of South Dakota
Date
Poster/Update
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05/2020
Reemployment Assistance-Updated with new claim filing information as well as a new revision date.
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10/2016
Safety Poster-New Posting requirement for the state of South Dakota.
Mandatory federal change(s)
Date
Poster/Update
-
06/2023
EEOC Know Your Rights: Workplace Discrimination is Illegal-Revised with new information related to the new Pregnant Workers Fairness Act (PWFA) effective June 27, 2023 and a new revision date.
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05/2023
Fair Labor Standards Act (FLSA) - Federal Minimum Wage-Revised the Nursing Mothers section of the poster with the PUMP for Nursing Mothers Act (PUMP Act) and more clarification on employer requirements to provide reasonable break time and accommodations for nursing employees.
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10/2022
EEOC Know Your Rights: Workplace Discrimination is Illegal-Revised to use plain language and bullet points to summarize the laws for employees. Added a QR code that links to instructions on how to file a charge of workplace discrimination. This new version replaces the old Equal Employment Opportunity is the Law poster.
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07/2016
Fair Labor Standards Act (FLSA) - Federal Minimum Wage-Update includes new regulation revisions as of August 2016 which includes text regarding nursing mothers and overtime rules.
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07/2009
Wyoming Minimum Wage-The federal minimum wage reflects $7.25.
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11/2009
EEOC Know Your Rights: Workplace Discrimination is Illegal-Addition of Genetic Information Nondiscrimination Act (GINA) Regulation.
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11/2008
The Uniformed Services Employment and Re-Employment Rights Act (USERRA)- Added the Office of Special Counsel to the poster and modified existing text to incorporate the new office information.
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South Dakota Labor Law Poster Posting Requirements:
- Safety Posters (SDAR, Art. 47:03:03:01) You must display one or more posters promoting safety in the workplace. The South Dakota Complete Labor Law Poster displays this information clearly, and in a full color, easy-to-read format.
- Unemployment Insurance Notice (SDCL, Title 61, Ch. 3, PT 14) You must post a notice informing employees of their rights and benefits regarding unemployment insurance. The South Dakota Complete Labor Law Poster displays this information. Post it in a conspicuous location.
- Minimum Wage Law The South Dakota Complete Labor Law Poster displays mandatory minimum wage law. Ensure that you post it in an area accessible by all employees.
- Sexual Harassment Sexual harassment in the workplace is against the law. The South Dakota Complete Labor Law Poster displays the rights and protections granted to all employees. It's mandatory that you post this information.
- Federal Minimum Wage Act (29 CFR 516.4) Federal law requires that you post information with respect to the federal minimum wage increases from $6.55 an hour to $7.25 an hour, effective July 24, 2009. This information must be displayed in a conspicuous location.
- Uniform Services Employment and Reemployment Rights Act (38 USCA 433(a)) You are mandated by federal law to provide information regarding the rights, benefits and obligation of employees who are governed by the Uniform Services Employment and Reemployment Rights Act. Post this information in a conspicuous location.
- Employee Polygraph Protection Act (29 CFR 801.6) Per federal law, employees have specific rights and protections accorded to them under the Employee Polygraph Protection Act. You must inform employees of their rights under the act. Ensure that you post this information in a conspicuous location. Be aware that under 29 CFR 801.42(7) a civil penalty of up to $10,000 may be assessed against you for violating any provision of the Act.
- Equal Employment Opportunity is the Law (29 CFR 1601.30) Your employees must be informed of their rights under federal equal employment laws. Ensure that you post this information in a prominent and accessible location.
- Family and Medical Leave Act (29 USC 2619(a)(b)) You must post information informing employees of their rights and protections per the Federal Family and Medical Leave Act. This information must be displayed in a conspicuous location, accessible by all employees.
- Occupational Safety and Health Act (29 CFR 1903.2(a)(1)) You must display clear, summarized and accurate information regarding your employees' rights and protections under the Federal Occupational Health and Safety Act. Display this information in a conspicuous location, and ensure that it is not altered, defaced, or covered by other material.
Minimum Wage Rates in South Dakota in 2024:
The state minimum wage rate will increase on January 1, 2024 by $11.20.
(back to top)Important Phone Numbers: State of South Dakota
- Wage & Hour - (605) 773-3682
- OSHA - (800) 321-6742
- Workers' Compensation - (605) 773-3681
- Unemployment Insurance - (605) 626-3179