reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 08 - Interference With Employment › Section 60-8-6 - Coercion of employee to join labor organization--Misdemeanor.

60-8-6. Coercion of employee to join labor organization--Misdemeanor.
Any solicitation or request to join a labor organization made by any person to any employee, accompanied by threats of injury to the employee or members of the employee's family, or damage to property, or loss or impairment of present or future employment of the employee, is a Class 2 misdemeanor.
Source:
SL 1947, ch 92, §§4, 5; SL 1955, ch 65, §1; SDC Supp 1960, §§17.1101 (4), 17.9914; SDCL §60-8-7; SL 1978, ch 359, §2; SL 2008, ch 276, §71.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 08 - Interference With Employment › Section 60-8-8 - Violation of right to work law--Investigations by state's attorney--Prosecutions.

60-8-8. Violation of right to work law--Investigations by state's attorney--Prosecutions.
The state's attorney of each county shall prosecute any person violating any of the provisions of §§60-8-3 to 60-8-6, inclusive, in that county. The state's attorney shall enforce these sections. If the state's attorney has any information or knowledge or has any reason to believe that any of the provisions of these sections are being violated in the county, the state's attorney shall investigate and use every legitimate means to secure the necessary and proper evidence of the violation. Immediately upon securing the evidence, the state's attorney shall file a complaint or preliminary information against any person against whom the state's attorney has any evidence of any such violation. The state's attorney shall have the person arrested and shall vigorously prosecute such charges to final judgment.
Source:
SL 1955, ch 65, §1; SDC Supp 1960, §17.9914; SL 2008, ch 276, §72.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09 - Labor Unions › Section 60-9-1 - Labor organization--Actions by and against--Funds subject to execution--Service of process.

60-9-1. Labor organization--Actions by and against--Funds subject to execution--Service of process.
Any labor union, organization or association, whether or not it be incorporated, may sue or be sued in its organization or association name, as an entity and in behalf of the employees whom it represents, and all the funds and assets of such labor union, association or organization shall be subject to judgment, execution and other process. The service of summons, subpoena or other legal process upon an officer or agent of such labor union, association or organization shall constitute sufficient service upon such union, association or organization.
Source:
SL 1947, ch 94, §1; SDC Supp 1960, §17.1102.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09 - Labor Unions › Section 60-9-2 - Enforcement of money judgment against labor organization.

60-9-2. Enforcement of money judgment against labor organization.
Any money judgment against a labor union, association or organization shall be enforced only against the union, association or organization as an entity, and against its assets, property and funds and may not be enforced against the property of any member thereof.
Source:
SL 1947, ch 94, §1; SDC Supp 1960, §17.1102; SL 2008, ch 276, §73.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09 - Labor Unions › Section 60-9-3 - Rights and liabilities of individual members--Actions by and against, joint or several.

60-9-3. Rights and liabilities of individual members--Actions by and against, joint or several.
Nothing in §60-9-1 or 60-9-2 shall be deemed to abrogate or restrict the right or liability of the individual members of a labor union, organization or association to sue or be sued jointly or severally in their own names or name in matters based upon or arising out of their individual acts or relationships.
Source:
SL 1947, ch 94, §1; SDC Supp 1960, §17.1102.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09 - Labor Unions › Section 60-9-4 - Collective bargaining agreement--Enforcement--Remedies for breach.

60-9-4. Collective bargaining agreement--Enforcement--Remedies for breach.
Any collective bargaining agreement between an employer or employers and a labor union, association or organization, shall be enforceable at law or equity; and a breach of such collective bargaining agreement by any party thereto, shall be subject to the same remedies including injunctive relief, as are available in the case of other contracts in the courts of this state.
Source:
SL 1947, ch 94, §2; SDC Supp 1960, §17.1103.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09 - Labor Unions › Section 60-9-5 - Injunctive relief in labor dispute--Cost bond only bond required.

60-9-5. Injunctive relief in labor dispute--Cost bond only bond required.
In any action involving a labor dispute or involving a collective bargaining agreement between an employer and his employees and injunctive relief is sought, the only bond required shall be one sufficient to pay the necessary court costs in the case.
Source:
SL 1947, ch 94, §3; SDC Supp 1960, §17.1104.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09 - Labor Unions › Section 60-9-6 - Statement of income and expenditures by union--Filing with secretary of state--Violation as misdemeanor.

60-9-6. Statement of income and expenditures by union--Filing with secretary of state--Violation as misdemeanor.
Upon order of the Department of Labor and Regulation any labor union operating or carrying on its activities in the state of South Dakota shall file with the secretary of state, within thirty days from receipt of notice of such order a verified statement of the specific items of income and specific expenditures for the twelve-month period next preceding the filing of such statement showing separately the amount of money collected during said period as dues, fees, assessments or fines, together with all moneys collected from any other source and the amount of money in the treasury of such union, branch or local, on the date of such statement, the salary paid to each officer of such union, branch or local, the total of such expenditures for the preceding year and specifically the purpose for which such expenditures were made. Such statement shall be filed on forms supplied by the said department. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1943, ch 86, §§1, 6; SDC Supp 1960, §§17.1105, 17.9915; SDCL §60-9-9; SL 1969, ch 87; SL 1978, ch 359, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09 - Labor Unions › Section 60-9-7 - Agricultural premises--Entry for union purposes restricted--Violation as misdemeanor.

60-9-7. Agricultural premises--Entry for union purposes restricted--Violation as misdemeanor.
No officer, agent, or employee of any labor union may enter, without the consent of the owner or operator, in or upon any ranch, farm, feed yard, shearing plant, or other agricultural premise, for the purpose of collecting dues, fines or assessments, or to solicit membership in any union, order or promote any strike, or in any other way interfere with the activities of any person employed on such premises. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1943, ch 86, §§2, 6; SDC Supp 1960, §§17.1106, 17.9915; SDCL §60-9-9; SL 1978, ch 359, §2; SL 2008, ch 276, §74.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09 - Labor Unions › Section 60-9-8 - Compensation for services to agricultural employer for labor union connection prohibited--Misdemeanor.

60-9-8. Compensation for services to agricultural employer for labor union connection prohibited--Misdemeanor.
No person may solicit or accept any money, or other thing of value, for services rendered, claimed to have been rendered, or promised, to any employer of the class mentioned in §60-9-7, by reason of the labor union connection or association of the person. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1943, ch 86, §§5, 6; SDC Supp 1960, §§17.1109, 17.9915; SDCL §60-9-9; SL 1978, ch 359, §2; SL 2008, ch 276, §75.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-1 - Definition of terms.

60-9A-1. Definition of terms.
Terms used in this chapter mean:
(1)"Collective bargaining unit," an organization selected by secret ballot by a majority vote of the employees of a unit appropriate for such purpose;
(2)"Department," the Department of Labor and Regulation or any of its officers or employees authorized to act for it;
(3)"Employee," any person, other than an independent contractor, domestic servants employed in and about private homes and farm and ranch labor, working for another for hire in the State of South Dakota in a nonexecutive or nonsupervisory capacity, and shall include any individual whose work has ceased solely as a consequence of or in connection with any current labor dispute or because of any unfair labor practice on the part of an employer;
(4)"Employer," a person who engages the services of an employee and shall include any person acting on behalf of an employer within the scope of his authority, but shall not include the United States or any labor organization, except when acting as an employer in fact; or the government of the State of South Dakota and any of the political subdivisions thereof;
(5)"Grievance," a complaint by an employee or group of employees based upon an alleged violation, misinterpretation, or inequitable application of any existing agreements, contracts, ordinances, policies or rules of the employer, as they apply to the conditions of employment. A disagreement over a nonexisting agreement, contract, ordinance, policy or rule is not a grievance;
(6)"Labor dispute," any controversy concerning wages, hours, or other conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment; provided that the general right of an employer to select his own employees is recognized and shall be fully protected. It shall not constitute a labor dispute if an employer discharges, or refuses to employ an employee on account of incompetence, neglect of work, unsatisfactory service or dishonesty;
(7)"Representative," any person who is the duly authorized agent of a collective bargaining unit.
Source:
SL 1974, ch 323, §1; SL 1993, ch 375, §10; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-2 - Rights of employees--Labor organizations--Collective bargaining.

60-9A-2. Rights of employees--Labor organizations--Collective bargaining.
In accordance with this chapter, employees shall have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own free choosing, and to engage in lawful, concerted activities for the purposes of collective bargaining or other mutual aid or protection; and shall also have the right to refrain from any and all such activities.
Source:
SL 1974, ch 323, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-3 - Collective bargaining unit as exclusive representative of employees--Individual grievances excepted.

60-9A-3. Collective bargaining unit as exclusive representative of employees--Individual grievances excepted.
A collective bargaining unit chosen for the purpose of collective bargaining by a majority of the employees in the unit shall be the exclusive representative of all employees in such unit; and provided that the employees individually shall have the right at any time to present grievances to their employer in person or through representatives of their own free choosing, and the employer may confer with them in relation thereto.
Source:
SL 1974, ch 323, §3.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-4 - Administration and enforcement.

60-9A-4. Administration and enforcement.
The Department of Labor and Regulation shall administer and enforce the provisions of this chapter.
Source:
SL 1974, ch 323, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-5 - Jurisdiction of department over labor disputes and grievances.

60-9A-5. Jurisdiction of department over labor disputes and grievances.
The department shall have jurisdiction over any labor dispute or grievance not subject to the provisions of the Federal Railway Labor Act, and over which the national labor relations board does not have or has declined to assert jurisdiction on substantive grounds. For purposes of determining whether or not the National Labor Relations Board has asserted jurisdiction on substantive grounds, the department shall respect the relevant rules and regulations and case ruling of the board.
Source:
SL 1974, ch 323, §5.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-6 - Determinations as to composition of bargaining unit--Certification.

60-9A-6. Determinations as to composition of bargaining unit--Certification.
Whenever a question concerning the composition of employees covered by a collective bargaining unit is raised by an employer or an employee, or the representative of either of them, the department shall investigate such question and, after a hearing conducted pursuant to chapter 1-26, rule on the composition of the members in the unit. The department shall then certify to the parties in writing the proper definition of the employees comprising the unit.
Source:
SL 1974, ch 323, §6.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-7 - Investigation of bargaining unit questions--Election by employees--Waiting period before reconsideration.

60-9A-7. Investigation of bargaining unit questions--Election by employees--Waiting period before reconsideration.
When a question concerning the collective bargaining unit of employees is raised by an employer, or an employee or the representative of either of them, the department shall investigate such question and certify to the parties in writing, the name or names of the collective bargaining units that have been designated or selected. The filing of a petition for the investigation or certification of a collective bargaining unit of employees by any of the parties shall constitute a question within the meaning of this section. In any such investigation, the department may provide for an appropriate hearing and shall take a secret ballot of employees to determine the collective bargaining unit for the purposes of formal recognition. If the department has certified a formally recognized collective bargaining unit of employees, it shall not be required to consider the matter again for a period of one year unless it appears that sufficient reason exists therefor.
Source:
SL 1974, ch 323, §7.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-8 - Tentative settlements--Recommendations to employer and bargaining units.

60-9A-8. Tentative settlements--Recommendations to employer and bargaining units.
If a tentative settlement is reached between an employer and employee or the representative of either of them, such representatives shall recommend to the employer and employee collective bargaining unit, respectively, such settlement. The collective bargaining unit and the employer shall, as soon as practicable consider the recommendations and take such actions, if any, as they deem appropriate.
Source:
SL 1974, ch 323, §8.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-9 - Implementation of labor agreements--Failure to bargain in good faith.

60-9A-9. Implementation of labor agreements--Failure to bargain in good faith.
If a settlement is reached between an employer and collective bargaining unit or the representative of either of them, the settlement in the form of an agreement shall be implemented by the employer. Failure to make a reasonable effort to implement a settlement by either party shall constitute failure to bargain in good faith.
Source:
SL 1974, ch 323, §9.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-10 - Request for departmental intervention on failure to agree--Other procedures allowed.

60-9A-10. Request for departmental intervention on failure to agree--Other procedures allowed.
In case of a labor dispute or grievance, including but not limited to an impasse or failure to reach an agreement in negotiations, either party may request the department to intervene under the provisions of §§60-10-1 to 60-10-3, inclusive. Nothing in this section shall prohibit the parties to such an impasse or dispute from adopting any other procedure to facilitate a settlement that may be mutually agreeable.
Source:
SL 1974, ch 323, §10.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-12 - Unfair practices by employers.

60-9A-12. Unfair practices by employers.
It shall be an unfair practice for an employer to:
(1)Interfere with, restrain, or coerce employees in the exercise of rights guaranteed by law;
(2)Dominate, interfere, or assist in the formation or administration of any collective bargaining unit, or contribute financial or other support to it; provided, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;
(3)Discriminate in regard to hire or tenure or employment or any term or condition of employment to encourage or discourage membership in any collective bargaining unit;
(4)Discharge or otherwise discriminate against an employee because he has filed a complaint, affidavit, petition, or given any information or testimony under this chapter;
(5)Refuse to negotiate collectively in good faith with a formal representative; or
(6)Fail or refuse to comply with any provision of this chapter.
Source:
SL 1974, ch 323, §12.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-13 - Unfair practices by collective bargaining units.

60-9A-13. Unfair practices by collective bargaining units.
It is an unfair practice for a collective bargaining unit or its agents to:
(1)Restrain or coerce an employee in the exercise of the rights guaranteed by this chapter. However, this subdivision does not impair the right of an employee organization to prescribe its own requirements with respect to the acquisition or retention of voluntary membership therein;
(2)Restrain or coerce an employer in the selection of his representative for the purpose of collective bargaining or the adjustment of grievances;
(3)Cause or attempt to cause an employer to discriminate against an employee in violation of subdivision 60-9A-12(3), or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground; or
(4)Refuse to negotiate collectively in good faith with an employer.
Source:
SL 1974, ch 323, §13; SL 1993, ch 375, §11.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 09A - Collective Bargaining › Section 60-9A-14 - Closed shop and agency shop contracts not authorized.

60-9A-14. Closed shop and agency shop contracts not authorized.
Nothing in this chapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization or requiring the payment of fees or contributions of any kind whatsoever in lieu of membership to a labor organization as a condition of employment.
Source:
SL 1974, ch 323, §14.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-1 - Conciliation of labor dispute by Department of Labor and Regulation.

60-10-1. Conciliation of labor dispute by Department of Labor and Regulation.
In case of strikes, lockouts, or other labor disputes between employers and employees, the Department of Labor and Regulation requested by either party, shall endeavor to conciliate the parties to the controversy and induce them to confer with each other and compose their differences.
Source:
SL 1949, ch 215, §3; SL 1959, ch 104; SDC Supp 1960, §17.1003 (1); SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-2 - Unsuccessful efforts to conciliate--Investigation of matters in difference--Recommendation for settlement.

60-10-2. Unsuccessful efforts to conciliate--Investigation of matters in difference--Recommendation for settlement.
If its efforts as conciliator prove unsuccessful, the Department of Labor and Regulation shall, if requested by either party, impartially investigate the matters in difference between the parties. The request to the department shall be mailed within twenty days after the conclusion of the conciliation procedure provided for in §60-10-1. The department shall give each party ample opportunity for presentation of the facts and shall make a report of the issues involved and a recommendation for settlement of the controversy. The department shall furnish a copy of its recommendation to each of the parties and to any local newspaper for publication for the information of the public.
Source:
SL 1949, ch 215, §3; SL 1959, ch 104; SDC Supp 1960, §17.1003 (1); SL 1983, ch 24, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-3 - Appointees of parties to assist in investigations.

60-10-3. Appointees of parties to assist in investigations.
The secretary of labor and regulation shall have the right, if he so desires, or if requested by either party, to call in two capable citizens not directly connected with the dispute, one to be named by each party, to assist in the investigation and advise with him as to his recommendations.
Source:
SL 1949, ch 215, §3; SL 1959, ch 104; SDC Supp 1960, §17.1003 (1); SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-4 - Picketing of agricultural premises as misdemeanor.

60-10-4. Picketing of agricultural premises as misdemeanor.
No person shall picket, aid in the picketing of, or order to be picketed, the home of any employee or worker on any ranch, farm, feed yard, shearing plant, or other agricultural premise. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1943, ch 86, §§3, 6; SDC Supp 1960, §§17.1107, 17.9915; SDCL, §60-10-6; SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-5 - Boycott of nonunion products as misdemeanor.

60-10-5. Boycott of nonunion products as misdemeanor.
No person may boycott, assist in boycotting, or order to be boycotted, or otherwise interfere with the movement to market, or the sale of any commodity or farm product because the product may have been produced by nonunion labor or in violation of the orders or policies of any labor union. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1943, ch 86, §§4, 6; SDC Supp 1960, §§17.1108, 17.9915; SDCL, §60-10-6; SL 1978, ch 359, §2; SL 1993, ch 375, §12.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-7 - Right to strike or right to work unaffected, exception.

60-10-7. Right to strike or right to work unaffected, exception.
Except as specifically provided in this chapter or chapter 60-9, nothing in §§60-9-6 to 60-9-8, inclusive, or in §60-10-4 or 60-10-5, shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in said chapters be so construed as to invade unlawfully the right to freedom of speech.
Source:
SL 1943, ch 86, §8; SDC Supp 1960, §17.1111.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-8 - Severability of provisions relating to agricultural workers.

60-10-8. Severability of provisions relating to agricultural workers.
If any section, paragraph or clause or provision of §§60-9-6 to 60-9-8, inclusive, or of §§60-10-4 to 60-10-7, inclusive, is declared unconstitutional, such judicial decision shall not affect or invalidate the remainder of said sections.
Source:
SL 1943, ch 86, §7; SDC Supp 1960, §17.1110.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-10 - Interference with right to work by use of force and violence as misdemeanor.

60-10-10. Interference with right to work by use of force and violence as misdemeanor.
It is a Class 2 misdemeanor for any person, singly or in concert with others, to interfere or attempt to interfere with another in the exercise of his right to work or of his right to enter upon the performance of any lawful employment or vocation, by the use of force, threatening acts, violence or acts of intimidation.
Source:
SL 1947, ch 93, §§2, 6; SL 1955, ch 65, §2; SDC Supp 1960, §§17.1112 (2), 17.9916; SDCL, §60-10-14; SL 1978, ch 359, §2; SL 1989, ch 445, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-11 - Obstructing entrance to premises--Interference with use of public way--Unlawful picketing--Misdemeanor.

60-10-11. Obstructing entrance to premises--Interference with use of public way--Unlawful picketing--Misdemeanor.
It is a Class 2 misdemeanor for any person to engage in picketing by force or violence, or to picket alone or in concert with others in such manner as to obstruct or interfere with free ingress or egress to and from any premises, or to obstruct or interfere with the free use of public streets, sidewalks, or other public ways.
Source:
SL 1947, ch 93, §§3, 6; SL 1955, ch 65, §2; SDC Supp 1960, §§17.1112 (3), 17.9916; SDCL, §60-10-14; SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-12 - Labor dispute--Violence and intimidation as misdemeanor--Unlawful destruction or seizure of property.

60-10-12. Labor dispute--Violence and intimidation as misdemeanor--Unlawful destruction or seizure of property.
It is a Class 2 misdemeanor for any person or group of persons, employee or employees, or any labor union, association or organization, to use or engage in, or threaten to use or engage in violence, intimidation or unlawful destruction or seizure of property in connection with a labor dispute or as a means of forcing settlement of a labor dispute involving any employer, or in connection with any organizational activity of a labor organization among the employees of any employer, or for the purpose of compelling any person to join or become a member of a labor union, organization or association.
Source:
SL 1947, ch 93, §§4, 6; SL 1955, ch 65, §2; SDC Supp 1960, §§17.1112 (4), 17.9916; SDCL, §60-10-14; SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-13.1 - Restrictions on number and location of pickets--Violation as misdemeanor.

60-10-13.1. Restrictions on number and location of pickets--Violation as misdemeanor.
A court may, after notice and hearing pursuant to §15-6-65(a), place reasonable restrictions and penalties for violation thereof upon the number and location of pickets or other persons permitted at any location based upon a finding that repeated incidents of the following nature have occurred:
(1)A violation of any law of the state of South Dakota or the United States prohibiting the use of force, threatening acts, violence or acts of intimidation directed toward any person entering upon, or leaving, the premises of the employer being picketed;
(2)Obstruction or interference with the free ingress or egress to or from the premises of the employer being picketed;
(3)Obstruction or interference with the free use of public streets, sidewalks or other public ways.
It is a Class 2 misdemeanor for any person to violate any such restrictions imposed by a court.
Source:
SL 1989, ch 445, §3.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-15 - Violations of provisions restricting picketing and violence--Prosecutions.

60-10-15. Violations of provisions restricting picketing and violence--Prosecutions.
The state's attorney of each county has the same duty and responsibility of enforcement of §§60-10-10 to 60-10-13.1, inclusive, as is imposed upon the state's attorney by §60-8-8.
Source:
SL 1955, ch 65, §2; SDC Supp 1960, §17.9916; SL 2021, ch 108, § 2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 10 - Labor Disputes, Picketing And Boycotts › Section 60-10-16 - Severability of provisions relating to picketing and violence.

60-10-16. Severability of provisions relating to picketing and violence.
If any provision of §§60-10-10 to 60-10-15, inclusive, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of the sections which can be given effect without the invalid provision or application, and to this end the provisions of said sections are declared to be severable.
Source:
SL 1947, ch 93, §7; SDC Supp 1960, §17.1112 (6); SL 2021, ch 108, § 3.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-1 - Manufacturing or mechanical occupations--Hours of labor.

60-11-1. Manufacturing or mechanical occupations--Hours of labor.
A day's labor in any manufacturing or mechanical occupation shall consist of eight hours unless there is an express agreement to the contrary. This does not apply if the agreement is for employment by the week, month, or year.
Source:
SL 1933 (SS), ch 10, §1; SDC 1939, §17.0102; SL 2008, ch 276, §77.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-2 - Requiring employee to pay cost of medical examination prohibited--Misdemeanor--Employer and employee defined.

60-11-2. Requiring employee to pay cost of medical examination prohibited--Misdemeanor--Employer and employee defined.
It is a Class 2 misdemeanor for any employer to require any employee to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of continued employment.
The term, employer, as used in this section means an individual, a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air or express company doing business in or operating within the state.
The term, employee, means any person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment.
Source:
SL 1949, ch 78, §§1 to 4; SDC Supp 1960, §§17.0108, 17.9913; SL 1978, ch 359, §2; SL 2008, ch 276, §78.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-3 - Minimum wage--Misdemeanor--Certain employees excluded.

60-11-3. Minimum wage--Misdemeanor--Certain employees excluded.
Every employer shall pay to each employee wages at a rate of not less than eight dollars and fifty cents an hour. Violation of this section is a Class 2 misdemeanor. The provisions of this section do not apply to certain employees being paid an opportunity wage pursuant to §60-11-4.1, babysitters, or outside salespersons. The provisions of this section also do not apply to employees employed by an amusement or recreational establishment, an organized camp, or a religious or nonprofit educational conference center if one of the following apply:
(1)The establishment, camp, or center does not operate for more than seven months in any calendar year; or
(2)During the preceding calendar year, the average receipts of the establishment, camp, or center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year.
Source:
SDC 1939, §§17.0607, 17.9901; SL 1943, ch 76; SL 1945, ch 77; SL 1964, ch 67; SL 1966, ch 64, §5; SDCL §60-11-6; SL 1969, ch 85; SL 1973, ch 302; SL 1975, ch 316; SL 1978, ch 359, §2; SL 1978, ch 367, §1; SL 1982, ch 368, §1; SL 1988, ch 411; SL 1990, ch 413, §§1, 3; SL 1997, ch 298, §§1, 2; SL 1999, ch 260, §1; SL 2007, ch 297, §1, eff. July 24, 2007; SL 2007, ch 297, §2, eff. July 24, 2008; SL 2007, ch 297, §3, eff. July 24, 2009; SL 2011, ch 224, §1, eff. Mar. 17, 2011; SL 2015, ch 279 (Initiated Measure 18), §1, eff. Jan. 1, 2015; SL 2015, ch 261, §1, rejected Nov. 8, 2016.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-3.1 - Minimum wage for tipped employees--Tips credited toward minimum wage--Certain persons excluded.

60-11-3.1. Minimum wage for tipped employees--Tips credited toward minimum wage--Certain persons excluded.
Any employer of a tipped employee shall pay a cash wage of not less than fifty percent of the minimum wage provided by §60-11-3 if the employer claims a tip credit against the employer's minimum wage obligation. If an employee's tips combined with the employer's cash wage of not less than fifty percent of the minimum wage provided by §60-11-3 do not equal the minimum wage, the employer shall make up the difference as additional wages for each regular pay period of the employer. A tipped employee is one engaged in an occupation in which the employee customarily and regularly receives more than thirty-five dollars a month in tips or other considerations. This section does not apply to babysitters or outside salespersons. This section also does not apply to employees employed by an amusement or recreational establishment, an organized camp, or a religious or nonprofit educational conference center if one of the following apply:
(1)The establishment, camp, or center does not operate for more than seven months in any calendar year; or
(2)During the preceding calendar year, the average receipts of the establishment, camp, or center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year.
Source:
SDCL §60-11-3 as added by SL 1973, ch 302; SL 1975, ch 316; SL 1978, ch 367, §2; SL 1982, ch 368, §2; SL 1990, ch 413, §§2, 4; SL 1997, ch 298, §3; SL 2011, ch 224, §2, eff. Mar. 17, 2011; SL 2015, ch 279 (Initiated Measure 18), §2, eff. Jan. 1, 2015.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-3.2 - Annual minimum wage adjustment.

60-11-3.2. Annual minimum wage adjustment.
Beginning January 1, 2016, and again on January 1 of each year thereafter, the minimum wage provided by §60-11-3 shall be adjusted by the increase, if any, in the cost of living. The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding year over the level as measured as of August of the previous year of the Consumer Price Index (all urban consumers, U.S. city average for all items) or its successor index as published by the U.S. Department of Labor or its successor agency, with the amount of the minimum wage increase, if any, rounded up to the nearest five cents. In no case shall the minimum wage be decreased. The Secretary of the South Dakota Department of Labor and Regulation or its designee shall publish the adjusted minimum wage rate for the forthcoming year on its internet home page by October 15 of each year, and it shall become effective on January 1 of the forthcoming year.
Source:
SL 2015, ch 279 (Initiated Measure 18), §3, eff. Nov. 13, 2014.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-4 - Minimum wage--Agreement to work for less ineffective.

60-11-4. Minimum wage--Agreement to work for less ineffective.
A person so employed at less than the minimum wage provided by §60-11-3 shall be entitled to recover the full amount measured by said minimum wage and costs, notwithstanding any agreement to work for less.
Source:
SL 1923, ch 309, §2; SDC 1939, §17.0607; SL 1943, ch 76; SL 1945, ch 77; SL 1964, ch 67; SL 1966, ch 64, §5.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-4.1 - Opportunity wage allowed.

60-11-4.1. Opportunity wage allowed.
Any employee who is under twenty years of age may be paid an opportunity wage as defined in section 6 of the Fair Labor Standards Amendments of 1996 as of October 1, 1996.
Source:
SL 1990, ch 413, §5; SL 1997, ch 298, §5; SL 1999, ch 260, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-5 - Exemptions from minimum wage provisions.

60-11-5. Exemptions from minimum wage provisions.
The provisions of §§60-11-3 and 60-11-4 do not apply to any apprentice, nor to any person learning the business or work in which employed, nor to any person with a developmental disability, if the Department of Labor and Regulation issues a permit for the person's employment fixing the wage or compensation of such person.
Source:
SL 1923, ch 309, §§3, 4; SDC 1939, §17.0607; SL 1943, ch 76; SL 1945, ch 77; SL 1964, ch 67; SL 1966, ch 64, §5; SL 2008, ch 276, §79; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-7 - Liability of employer for double damages for breach of obligation to pay wages.

60-11-7. Liability of employer for double damages for breach of obligation to pay wages.
In any action for the breach of an obligation to pay wages, if a private employer has been oppressive, fraudulent, or malicious, in the employer's refusal to pay wages due to the employee, the measure of damages is double the amount of wages for which the employer is liable.
Source:
SDC Supp 1960, ch 37.19 as added by SL 1968, ch 153; SL 2008, ch 276, §80.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-8 - Employers subject to wage payment requirements.

60-11-8. Employers subject to wage payment requirements.
In §§60-11-9 to 60-11-23, inclusive, the term, employer, includes any person, firm, partnership, limited liability company, association, corporation, receiver, or other officer of a court of the state, and any agent or officer of any kind of the above mentioned classes and subject to the provisions of these sections, employing any person of this state.
Source:
SL 1971, ch 274, §1; SL 1994, ch 351, §165; SL 2008, ch 276, §81.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-9 - Monthly wage payments required--Agreed pay day--Form of payment.

60-11-9. Monthly wage payments required--Agreed pay day--Form of payment.
Every employer shall pay all wages due to employees at least once each calendar month unless otherwise provided by law, or on regular agreed pay days designated in advance by the employer, in lawful money of the United States. 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.
Source:
SL 1971, ch 274, §2; SL 2001, ch 291, §1.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-10 - Prompt payment of wages due on separation by employer--Withholding for return of employer's property.

60-11-10. Prompt payment of wages due on separation by employer--Withholding for return of employer's property.
Whenever an employer separates an employee from the payroll, the unpaid wages or compensation of such employee are due and payable not later than the next regular stated pay day for which those hours would have normally been paid or as soon thereafter as the employee returns to the employer all property of the employer in the employee's possession.
Source:
SL 1971, ch 274, §3; SL 1996, ch 302; SL 1997, ch 299, §1.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-11 - Payment on regular pay day after resignation by employee--Withholding for return of employer's property.

60-11-11. Payment on regular pay day after resignation by employee--Withholding for return of employer's property.
Whenever an employee not having a written contract for a definite period quits or resigns that employment, the wages or compensation earned are due and payable not later than the next regular stated pay day for which those hours would have normally been paid or as soon thereafter as the employee returns to the employer all property of the employer in the employee's possession.
Source:
SL 1971, ch 274, §4; SL 1997, ch 299, §2.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-12 - Payment on regular pay day during labor dispute--Return of deposit for faithful performance.

60-11-12. Payment on regular pay day during labor dispute--Return of deposit for faithful performance.
In the event of the suspension of work as the result of a strike, lockout, or other labor dispute, the wages and compensation earned and unpaid at the time of said suspension shall become due and payable at the next regular pay day, as provided in §60-11-9, including, without abatement or reduction, all amounts due all persons whose work has been suspended as a result of such industrial dispute, together with any deposit or other guaranty held by the employer for the faithful performance of the duties of the employment.
Source:
SL 1971, ch 274, §5.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-13 - Payment of conceded wages when amount in dispute--Acceptance not a release of balance.

60-11-13. Payment of conceded wages when amount in dispute--Acceptance not a release of balance.
In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages less whatever the employee owes the employer which the employee concedes to be due. The employer shall pay such amount without condition within the time set by §§60-11-9 to 60-11-12, inclusive. Acceptance by the employee of any payment made pursuant to this section does not constitute a release as to the balance of the claim.
Source:
SL 1971, ch 274, §6; SL 2008, ch 276, §82.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-14 - Provisions applicable to cash wages only.

60-11-14. Provisions applicable to cash wages only.
Sections 60-11-8 to 60-11-23, inclusive, do not apply to any form of compensation other than cash wages owing to any employee by or on behalf of any employer.
Source:
SL 1971, ch 274, §15; SL 2008, ch 276, §83.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-15 - Employer's intentional refusal to pay wages--Misdemeanor.

60-11-15. Employer's intentional refusal to pay wages--Misdemeanor.
Any employer who intentionally refuses to pay the wages due and payable when demanded as in §§60-11-9 to 60-11-13, inclusive, or who falsely denies the amount thereof, or that the same is due with the intent to secure for the employer or any other person any discount upon such indebtedness, or with any intent to annoy, harass, oppress, hinder, delay, or defraud the person to whom such indebtedness is due, commits a Class 2 misdemeanor.
Source:
SL 1971, ch 274, §8; revised pursuant to SL 1976, ch 158, §43-6; SL 1978, ch 359, §2; SL 2008, ch 276, §84.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-16 - Fraudulent claim by employee--Misdemeanor.

60-11-16. Fraudulent claim by employee--Misdemeanor.
Any employee who falsifies the amount due to the employee or who intentionally attempts to defraud the employer commits a Class 2 misdemeanor.
Source:
SL 1971, ch 274, §8; revised pursuant to SL 1976, ch 158, §43-6; SL 1978, ch 359, §2; SL 2008, ch 276, §85.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-17 - Department to investigate and prosecute violations--Hearings--Access to employer's records.

60-11-17. Department to investigate and prosecute violations--Hearings--Access to employer's records.
The Department of Labor and Regulation shall ensure compliance with the provisions of this chapter, investigate any violations of §§60-11-8 to 60-11-23, inclusive, and institute or cause to be instituted actions for penalties and forfeitures provided thereunder. The department may hold hearings to satisfy itself as to the justice of any claim, and the department shall cooperate with any employee in the enforcement of a claim against the employer in any case whenever, in its opinion, the claim is valid. The department may enter places of employment for the purpose of inspecting records and seeing that all provisions of §§60-11-8 to 60-11-23, inclusive, are complied with.
Source:
SL 1971, ch 274, §7; SL 2008, ch 276, §86; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 60 - Labor and Employment › Chapter 11 - Wages, Hours And Conditions Of Employment › Section 60-11-17.1 - Reprisals because of wage complaints or proceedings prohibited.

60-11-17.1. Reprisals because of wage complaints or proceedings prohibited.
No employer may discharge, discriminate, or engage in or threaten to engage in any reprisal, economic or otherwise, against any employee because the employee has made any complaint to the employer, or to the Department of Labor and Regulation, that the employee has not been paid wages in accordance with this chapter or because the employee has made any complaint or is about to institute any proceedings, or because the employee has testified or is about to testify in any such proceedings.
Source:
SL 1976, ch 319; SL 2008, ch 276, §87; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.