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South Dakota Employment Law

South Dakota Human Relations Act covers all employers (1+). Limited protections; does not include age, sexual orientation, or gender identity.

At-Will

Yes

Right-to-Work

Yes

EEOC Deferral

300 days

Min. Wage

$11.85

South Dakota State Laws (3)

SD HRA

S.D. Codified Laws §§ 20-13-1 to 20-13-56

180 days
1+ employees

The South Dakota Human Relations Act prohibits employment discrimination based on race, color, creed, religion, sex, ancestry, disability, and national origin. The Act covers all employers with one or more employees and complaints must be filed within 180 days with the South Dakota Division of Human Rights. South Dakota provides relatively limited protections, notably lacking protections for age, sexual orientation, and gender identity at the state level.

Protected Classes

racecolorcreedreligionsexancestrydisabilitynational origin

Key Provisions

  • ✓Covers all employers with 1 or more employees despite limited protected classes
  • ✓Notably does NOT include age, sexual orientation, or gender identity as protected classes at the state level
  • ✓South Dakota Division of Human Rights investigates complaints and may pursue conciliation or administrative hearings

Remedies

Back payReinstatementCompensatory damagesAttorney fees and costsInjunctive reliefCease-and-desist orders
File with: South Dakota Division of Human Rights180 days from the discriminatory act

SD Minimum Wage

S.D. Codified Laws § 60-11-3

730 days
1+ employees

Voter-approved 2014 ballot measure indexed state minimum wage to CPI annually. As of 2025, $11.50/hour. Tipped minimum at half of regular rate.

Protected Classes

minimum_wage

Key Provisions

  • ✓Voter-approved 2014 ballot measure indexed state minimum wage to CPI annually. As of 2025, $11.50/hour. Tipped minimum at half of regular rate.

Remedies

Unpaid wagesattorney fees
File with: SD Department of Labor and Regulation2 years

SD Mass Layoff Notice

N/A — South Dakota has no state mini-WARN

— days
100+ employees

South Dakota does not have a state mini-WARN. Mass layoffs and plant closings governed solely by federal WARN.

Protected Classes

mass_layoffplant_closinglack_of_notice

Key Provisions

  • ✓South Dakota does not have a state mini-WARN. Mass layoffs and plant closings governed solely by federal WARN.

Remedies

Federal WARN remedies only
File with: Federal courtFederal WARN

Federal Laws That Apply in South Dakota

These federal statutes protect workers nationwide, including in South Dakota. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Title VII15+ employees
300 days
ADA15+ employees
300 days
ADEA20+ employees
300 days
EPA1+ employees
730 days
PDA15+ employees
300 days
PWFA15+ employees
300 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
300 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
300 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

Check which laws apply to your situation in South Dakota

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.South Dakota laws are subject to legislative changes. Consult a qualified employment attorney in South Dakota for advice about your specific situation. Last reviewed: March 2026.