South Dakota Handbook Requirements (2026)

South Dakota's voting leave law (SDCL 12-3-5) is short, but the enforcement mechanism is unusually harsh for a leave provision: failing to provide the required voting time off is a Class 2 misdemeanor, punishable by up to 30 days in jail and a $500 fine.

The rule itself is straightforward. If an employee does not have two consecutive hours of non-working time while polls are open, the employer must provide enough paid time to make up the difference. The employer can choose when the time is taken, but cannot reduce the employee's pay or require the use of PTO.

Where employers get tripped up:

• Early morning shifts. If polls open at 7:00 AM and an employee's shift starts at 7:00 AM, they need time before or after their shift.
• Not tracking election dates. This applies to all elections where the employee is entitled to vote, not just general elections.
• Deducting pay. The leave must be paid. Docking wages for voting time violates the statute.

The criminal classification matters because it applies to the employer personally, not just the business entity. In a small business, that means the owner or manager who denied the leave could face charges.

The fix: Build election date awareness into your scheduling process. Post a notice before each election reminding employees of their right to voting leave. Document any voting leave requests and approvals.

Sources: SDCL 12-3-5 (voting leave); Baker Donelson, South Dakota Quick Guide to Labor & Employment Law.

The South Dakota Human Relations Act (SDCL 20-13) prohibits employment discrimination based on race, color, creed, religion, sex, ancestry, disability, or national origin. What makes this law notable is the relatively short 180-day filing deadline with the South Dakota Division of Human Rights, combined with the fact that it covers all employers regardless of size.

For federal Title VII claims, the EEOC requires 15 or more employees. South Dakota's state law has no such minimum. A business with 3 employees is still covered. That gap means small employers who assume they're too small for discrimination claims are wrong under state law.

The Act also includes equal pay provisions. Employers may not pay employees of one sex less than employees of the opposite sex for comparable work requiring comparable skill, effort, and responsibility. Notably, the statute specifies "comparable" rather than "equal" work, which is a broader standard than the federal Equal Pay Act's "equal work" requirement.

Retaliation protections extend to anyone who reports discrimination, participates in an investigation, or files a complaint. Retaliating against these individuals is a separate violation.

The fix: Include an EEO policy in your handbook even if you have fewer than 15 employees. Train supervisors on anti-discrimination obligations. Maintain documentation of employment decisions to defend against claims within the 180-day window.

Sources: SDCL 20-13 (South Dakota Human Relations Act); SD Department of Labor & Regulation, Human Rights Division.

South Dakota's final wage statute (SDCL 60-11-10) requires employers to pay all wages due to a terminated employee by the next regular payday or when the employee returns all employer property, whichever is later.

The enforcement mechanism is what makes this requirement dangerous to ignore. Under SDCL 60-11-11, any employer who intentionally refuses to pay wages when due, falsely denies the amount owed, or withholds wages with intent to annoy, harass, oppress, or defraud the employee commits a Class 2 misdemeanor. That carries up to 30 days in jail and a $500 fine.

The "intent to annoy, harass, or oppress" language is broad enough to capture employers who withhold wages over a workplace dispute or use final pay as leverage to get an employee to sign a release. Courts have interpreted this provision to cover situations where the employer had the ability to pay and chose not to.

A common trap: conditioning final pay on the return of company property (laptops, keys, uniforms). The statute allows this, but only for the property actually in the employee's possession. You cannot withhold wages indefinitely while disputing whether property was returned.

The fix: Pay all undisputed wages by the next regular payday. If company property is outstanding, document it and pay wages promptly once property is returned. Never use final pay as a bargaining chip.

Sources: SDCL 60-11 (Wages chapter); SDCL 60-11-11 (criminal penalties for wage violations).

South Dakota's jury duty protection goes further than many employers realize. Under state law, an employer may not discharge or suspend any employee for serving as a juror. But the statute also requires that the employee retain the same job status, pay, and seniority as they had before performing jury duty.

That "same seniority" language means an employee who serves on a lengthy trial cannot be bumped in promotion eligibility, lose position in a layoff order, or have their performance review timeline extended because of their absence. The law effectively treats jury service as if the employee never left.

While employers are not required to pay wages during jury service, they cannot reduce an employee's pay rate upon return or change their status from full-time to part-time based on the absence. Some employers have attempted to reclassify returning jurors, which violates the statute.

The protection applies to service in any court in the State of South Dakota, including federal courts sitting in the state. It covers both petit (trial) juries and grand juries.

The fix: Document the employee's status (job title, pay rate, seniority date) before jury service begins. Restore them to the identical status upon return. Do not count jury service absence against attendance policies.

Sources: ALFA International, South Dakota Labor & Employment Compendium; Baker Donelson, South Dakota Labor & Employment Guide.